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Florida Courts Diverge on Presumption of Prejudice and Late Notice

On January 3, 2024, the Third DCA issued an opinion in Mario Arce et.al. vs. Citizens Property Insurance Corporation, 3D22-0722 (Fla. 3d DCA 2024), expressly disagreeing with the Fourth DCA on whether late notice provided by...more

Insurer’s Correspondence is Key to Determining Whether Appraisal is Warranted

In Heritage Property & Casualty Insurance Company v. Wellington Place HOA, Inc., No. 4D2022-2749 (Fla. 4th DCA Sept. 13, 2023), the Fourth District Court of Appeal recently addressed the following question: How should...more

"Wear and Tear" is an "Act of Nature," According to Florida's Third DCA

In People’s Trust Insurance Company vs. Sheila Banks, et.al., No. 3D22-1436 (August 16, 2023), the Third District Court of Appeal (“Third DCA”) issued two significant findings: (1) wear and tear as well as deterioration are...more

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