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Lowndes

Florida Appeals Court Reinforces Employer Liability Under Dangerous Instrumentality Doctrine Despite Use Restrictions

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A recent decision from Florida’s Fourth District Court of Appeal clarifies the scope of Florida’s “dangerous instrumentality” doctrine, reminding employers that having company vehicle policies alone may not be enough to avoid...more

Marshall Dennehey

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

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Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025) - This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was...more

Marshall Dennehey

Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

Marshall Dennehey on

Darryl Vachon v. The Travelers Home & Marine Ins. Co., Fla. 2d DCA, No. 2D2023-2674, February 14, 2025 - The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance...more

Butler Weihmuller Katz Craig LLP

Butler Wins Dismissal of a First-Party Bad-Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

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In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more

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