Gabrielle Wright on Property Damage

Florida’s Third District Court of Appeal Reverses Five Interlocutory Orders in Favor of the Appellees, Leading to a Reversal of...

Citizens Property Insurance Corporation v. Ramon Arias, et al., Fla. 3d DCA, No. 3D23-0895, December 4, 2024 - Citizens Property Insurance Corporation appealed a May 2, 2023, final judgment entered in favor of Ramon and...more

12/31/2024 / Denial of Insurance Coverage , Florida , Insurance Claims , Insurance Litigation , Policy Terms , Property Damage , Property Insurance , Water Damage

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

10/31/2024 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Insurance Litigation , Notice Requirements , Policy Exclusions , Policy Terms , Property Damage , Property Insurance

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

6/11/2024 / Appraisal , Denial of Insurance Coverage , FL Supreme Court , Insurance Claims , Insurance Industry , Insurance Litigation , Property Damage

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

2/1/2024 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Natural Disasters , Policy Terms , Property Damage , Severe Weather

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

10/10/2023 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Insurance Litigation , Property Damage

Grappling With the Wear and Tear Exclusions of Homeowners’ Policies

Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more

10/9/2023 / Homeowner's Insurance , Insurance Claims , Insurance Litigation , Policy Terms , Property Damage , Summary Judgment , Water Damage

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

8/1/2023 / Insurance Industry , Insurance Litigation , Notice Requirements , Property Damage

Gabrielle Wright

Marshall Dennehey

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