Archives: Court Opinion

Subscribe to Court Opinion RSS Feed

Policyholders Will Have Their Day In Court Since Florida Court of Appeals Overturns Trial Court’s Ruling In “Late Notice” Hurricane Wilma Case

Those familiar with Hurricane Wilma litigation in South Florida may be fully aware of a recent trend of trial court rulings which take cases away from juries, seemingly depriving policyholders of their days in court. Summary judgment rulings on “late notice” defenses basically ended the cases and took the factual determinations away from the jury. … Continue Reading

Florida Supreme Court Rules That Since Insurance Policy Does Not Expressly Provide Coverage For Attorneys’ Fees, FIGA Does Not Have To Pay Them

On January 19th, the Florida Supreme Court issued its opinion in Petty v. Florida Insurance Guaranty Association, which decided whether an insured is entitled to recover attorney’s fees from the Florida Insurance Guaranty Association (FIGA). I wrote about the case in October 2010, when it was at the lower appellate level, in The Definition of … Continue Reading

Florida Appellate Court Upholds The Sanctity Of The Appraisal Process

Appraisal in first party property insurance claims is an alternative dispute resolution process designed to help policyholders and insurers resolve their disagreements over the amount of loss for claims. It has been utilized quite often in past years for hurricane claims in Florida. As it is an alternative dispute resolution process, an appraisal proceeding and … Continue Reading

Florida District Court Of Appeal Says “Gamesmanship” By Insurance Counsel Warrants A New Trial

Law in its basic definition is a system of rules and ethical guidelines, usually enforced through a set of institutions. It shapes various facets of society in numerous ways and serves as a social mediator of relations between people and corporate entities. So what happens when one party to a transaction does not uphold their end … Continue Reading

Importance Of An Actual Controversy Demonstrated As Southern District Court Of Florida Dismisses And Stays Action Against QBE As Speculative

The Southern District Court of Florida recently dismissed a policyholder’s case against QBE and granted a stay of the action in a lawsuit stemming from Hurricane Wilma. Garden-Aire Village South Condo. Assoc., Inc. v. QBE Insurance Corp., No. 10–61985, 2011 WL 1184737 (S.D. Fla. March 31, 2011). The policyholder filed the lawsuit against QBE on … Continue Reading

Court Rules in Favor of Policyholders for Suit Brought for Damages Caused by Chinese Drywall, Part 2

Last week, my post discussed Chinese Drywall litigation specific to policyholders seeking coverage for their damages under residential policies of insurance. This week, I continue to discuss the case of Walker v. Teachers Insurance Company, which is currently pending in the Thirteenth Judicial Circuit, Hillsborough County, Florida, Civil Trial Division. Most recently, Judge Robert Foster granted the … Continue Reading

When Purchasing Insurance It Is Important to Read the Policy and All Accompanying Forms

Recently, I discussed a case dealing with insurance agent duties in California. In an effort to bring the discussion closer to home, I will discuss a recent Florida decision. In Mitleider v. Brier Grieves Agency, Inc., No. 4D09-3362, — So. 3d —-, (Fla. 4th DCA February 16, 2011), Corey Mitleider brought suit against his insurance … Continue Reading

Recent Third District Court Of Appeal Ruling Regarding Entitlement To Prejudgment Interest Following An Appraisal Award In Florida

Florida’s Third District Court of Appeal just released an opinion related to a policyholder’s claim for prejudgment interest after an appraisal award. In Alberto Jugo v. American Security Insurance Company, No. 3D09-3246 (Fla. 3d DCA 2011), the Third District held that a policyholder was not entitled to prejudgment interest on the supplemental amount of the … Continue Reading

New Appeals Filed in Florida’s Third District Court of Appeal May Change Insurance Appraisals in Florida

A couple of weeks ago, Shaun Marker wrote about a recent insurance appraisal decision out of Florida’s Third District Court of Appeal, Citizens Prop. Ins. Corp. v. Mango Hill Condo. Ass’n 12, Inc., No. 3D10-2014, 2011 WL 613518 (Fla. 3d DCA Feb. 9, 2011). Shaun’s post is over on the Condominium Insurance Law Blog, where … Continue Reading

Civil Remedy Notice Sufficiency and Appraisals

A recent and significant Order by Judge Stanley Mills discussed claims resolved through appraisal and complaints of improper claims conduct made through formal Civil Remedy Notices. The matter involved a sinkhole claim that took nearly three years before full payment was made. The State Farm policyholders spent thousands of dollars on experts and appraisal costs … Continue Reading

Florida Federal Court Holds WYO Insurer Has No Cause of Action for Unjust Enrichment Under Federal Flood Insurance Law and Regulations

Jeremy Tyler’s post yesterday, More on the Collateral Source Rule, reminded me of a recent Florida federal court case with similar facts, Florida Farm Bureau General Insurance Company v. Jernigan, 2010 WL 3927816 (N.D. Fla. September 30, 2010). In Florida Farm Bureau, the insurer, as a Write-Your-Own Program Carrier participating in the National Flood Insurance Program … Continue Reading