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Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

Florida’s Third District Court of Appeals Quashes Trial Court’s Order Compelling Production of Certain Claim File Documents

Vault Reciprocal Exchange v. Luria, et al., 2024 WL 948632 (Fla. 3rd DCA 2024) - During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected...more

Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain

Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more

Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.

Arce v. Citizens Property Insurance Company, 3D22-0722 - The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for...more

Fourth District Affirms Insurers’ Right to Directed Verdicts in Claims Not Related to the Insured’s Policy

Universal Property & Casualty Ins. Co. v. Caboverde, et. al., No. 4D22-1059 (Fla. Dist. Ct. App. Jun. 28, 2023) - After the insureds’ ceiling collapsed by a few inches, the insurer’s field adjuster saw that the ceiling had...more

Third District Court Finds That an Insured’s Knowledge of a Possible Claim is Critical to the Calculus of Determining Prompt...

The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice....more

Affidavits Must Be Based on Personal Knowledge, Set Out Facts Admissible in Evidence, Show Affiant’s Competence to Testify on...

The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment. According to the court, the corporate representative is an...more

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