Evidence, Denial of Insurance Coverage, Breach of Contract

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

Cozen O'Connor on 7/8/2025

In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly...more

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

Marshall Dennehey on 3/26/2025

Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance...more

Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion

Marshall Dennehey on 3/20/2025

Ronald and Lovelie Belizaire v. Citizens Prop. Ins. Corp., Fla. 4th DCA, No. 4D2023-2488, February 12, 2025 - The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the...more

What's in a name?

Butler Weihmuller Katz Craig LLP on 10/30/2020

What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount in controversy. The Middle District of Florida recently considered the issue of whether...more

The Three “Musts” for a Competent Affidavit or Declaration

Carlton Fields on 2/7/2020

Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more

New York Supreme Court Holds Documents Created By Counsel During Claims Handling Were Not Privileged

Carlton Fields on 10/4/2019

Pharmavite LLC filed a statement of loss under a policy issued by Crum & Forster Specialty Insurance Co. Crum & Forster disclaimed coverage, and Pharmavite commenced an action for breach of contract and declaratory judgment....more

The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

Carlton Fields on 9/17/2019

What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the...more

Evidence › Denial of Insurance Coverage › Breach of Contract