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Evidence Insurance Litigation Appeals

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Cozen O'Connor

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

Cozen O'Connor on

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

Carlton Fields

Florida Appeals Court Decisions Week of May 26 - 30, 2025

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U.S. Eleventh Circuit Court of Appeals - Hamilton v. US Att’y Gen - immigration... Florida Supreme Court - Tallahassee - In re R Reg Fla Bar - amended rules...more

Tyson & Mendes LLP

Taming the Wolf: Florida’s Fifth DCA Holds the Line on Tort Reform

Tyson & Mendes LLP on

The Florida Fifth District Court of Appeal recently issued a significant decision in Wolf v. Williams, clarifying that a critical aspect of Florida’s momentous tort reform effort, Section 768.0427, is not retroactive. This...more

Carlton Fields

Florida Appeals Court Decisions Week of May 5 - 9, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Adams & Reese

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

Adams & Reese on

Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in...more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Marshall Dennehey

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

Marshall Dennehey on

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

Marshall Dennehey

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

Marshall Dennehey on

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

Zelle  LLP

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

Zelle LLP on

A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29,...more

Carlton Fields

Florida Appeals Court Decisions Week of March 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Snell & Wilmer

Redefining the Rules: How Audish v. Macias Reshaped Future Medical Expense Claims in California Personal Injury Cases

Snell & Wilmer on

In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more

Allen Matkins

Nevada Supreme Court Finds Want Of Personal Jurisdiction Over LLC Members

Allen Matkins on

In a recent post, I questioned why personal jurisdiction was unquestioned.  Personal jurisdiction is, of course, unquestionably fundamental, as evidenced by the Nevada Supreme Court's recent order in Rich v. Eighth Jud. Dist....more

Carlton Fields

Florida Appeals Court Decisions: Week of January 6-10, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy, BP...more

Cozen O'Connor

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith 

Cozen O'Connor on

In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

Rumberger | Kirk on

A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Carlton Fields

The Three “Musts” for a Competent Affidavit or Declaration

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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

Carlton Fields

When Evidentiary Error Matters: Eleventh Circuit Affirms Decision to Grant Retrial

Carlton Fields on

The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

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