Back on November 7 of last year (2017), I wrote about an important opinion in the world of property insurance litigation, Joyce v. Federated National Insurance Company,1 where the Florida Supreme Court reaffirmed that you could still obtain a contingency-fee multiplier where justified under Quanstrom and in so doing reversed the Fifth District Court of Appeal finding that such a multiplier should be limited to “rare” and “exceptional” circumstances. Tom Elligett and Amy Farrior represented the Joyces in this landmark case.
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In December of 2016, I wrote about Sebo v. American Home Assurance Company,1 where the Florida Supreme Court reversed the appellate court’s adoption of the “Proximate Efficient Cause” doctrine and found that instead, the lower court should have applied the “Concurrent Causation Doctrine,” as laid out in Wallach v. Rosenberg,2 in a situation where both the excluded cause of faulty construction, combined with the covered causes of rain and wind resulted in a total loss to Sebo’s property.
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Previously, Florida’s Second District Court of Appeal found that homeowners who had their sinkhole claim denied by their insurance company, but who ultimately prevailed at a jury trial could not be paid their $168,000.00 judgment until they entered a contract to repair their home.1 The court reasoned that because the policy and Florida sinkhole statutes provide for the immediate payment of Actual Cash Value (i.e., above ground repairs) but condition payment for foundation repair and ground stabilization on receiving a contract, the court must enforce that provision of the policy. The court found that since the homeowners chose to enforce the contract by suing Citizens for breach of contract, once the jury found there was coverage, the trial court was obligated to enforce the policy—even the policy’s restriction on Citizens payment to its insured, post-judgment.2
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William and Judith Joyce filed a claim with their insurer, Federated National, after suffering water damage to their home. Instead of agreeing to cover the loss, Federated National denied the Joyces’ claim alleging they made material misrepresentations on their insurance application by failing to disclose prior losses they had with their previous carrier.
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Hurricane Harvey just hit landfall on the east coast of Texas last night into the wee hours this morning, thrashing along the shore with winds of up to 130 miles per hour. According to CNN, it made landfall as a Category 4 storm with the potential to be very destructive as the National Hurricane Center estimated up to 13 feet of storm surge. 
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