News & Analysis as of

Insurance Claims Florida Property Damage

Carlton Fields

Florida District Court Orders New Trial After Jury Allowed to Hear Evidence on Claim Handling in Insurance Breach of Contract...

Carlton Fields on

In Universal Prop & Cas. Ins. Co. v. West Naze, No. 4D2024-0098 (Fla. 4th DCA Jun. 4, 2025), the Florida Fourth District Court of Appeal reaffirmed that an insured cannot introduce evidence of claim handling in a breach of...more

Marshall Dennehey

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

Marshall Dennehey on

Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...more

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

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Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Miles Mediation & Arbitration

Trying To Reason with Hurricane Season: Mediating First Party Property Insurance Claims

Lured by the dream of living in a sun-drenched paradise, with a lower cost of living, and in the case of Florida, no state income tax, hundreds of thousands of Americans have migrated to Florida and the Gulf South over the...more

Miles Mediation & Arbitration

Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more

Searcy Denney Scarola Barnhart & Shipley

Florida Wildlife and Road Safety: What to Do If an Animal Causes an Accident

Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge...more

Marshall Dennehey

The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered...

Marshall Dennehey on

State Farm Florida Ins. Co. v. Feltes, Fla. 6th DCA, No. 6D2023-0991, November 27, 2024 - This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and...more

Marshall Dennehey

Court Finds Contract Invoking Direction to Pay is an Assignment and Subject to Requirements for Assignments in Florida Statute §...

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Holding Insurance Companies Accountable, LLC. A/A/O Stephen Wells v. American Integrity Insurance Company of Florida, Circuit Court, 5th Judicial Circuit in and for Lake County, Civil Division, Case No. 2021-CA-00523 - The...more

Marshall Dennehey

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

Marshall Dennehey on

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

Butler Weihmuller Katz Craig LLP

Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law...more

Marshall Dennehey

Circuit Court of Appeals Finds Fla. Stat. § 627.70132 Does Not Require Notice of a Supplemental Claim to Include an Estimate of...

Marshall Dennehey on

Great Lakes Insurance SE v. Concourse Plaza A Condominium Ass’n, 22-13141, 11th Cir., Apr. 15, 2024 - In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132...more

Marshall Dennehey

Where a Windstorm Loss Occurs During a “Hurricane Occurrence,” the Loss Must Bear at Least Some Causal Nexus With the Hurricane...

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Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024) - In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. The...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Butler Weihmuller Katz Craig LLP

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

Butler Weihmuller Katz Craig LLP

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising...more

Butler Weihmuller Katz Craig LLP

Tips for Investigating Subrogation in Florida Following Hurricane Ian

Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon. The areas where Ian...more

Butler Weihmuller Katz Craig LLP

Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida...

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though...more

Butler Weihmuller Katz Craig LLP

What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

​​​​​​​The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory...more

Burr & Forman

Navigating the New Pre-Suit Notice Requirements for Property Insurance Carriers Set Forth in Fla. Stat. § 627.70152. to Leverage...

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By now, property insurance carriers and their counsel are likely familiar with Senate Bill 76, in which the Florida Legislature finally codified long-needed changes to the current property insurance litigation framework. The...more

Cozen O'Connor

Policyholder Permitted to Videotape Appraisal

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In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company...more

Cozen O'Connor

A Look Inside Florida’s Recent Property Insurance Reform

Cozen O'Connor on

Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. ...more

Rumberger | Kirk

Impact of Florida’s New Assignment of Benefits Law: HB 7065

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On April 26, 2019, Florida Governor Ron DeSantis signed into law Florida House Bill 7065. The law, which took effect on July 1, 2019, was designed to reduce the amount of assignment of benefits (“AOB”) agreements that could...more

Robinson+Cole Property Insurance Coverage...

New Statutory Framework Confronts Florida’s AOB Crisis

A new law represents a major step forward to remedy Florida’s assignment of benefits (“AOB”) crisis, which Florida Governor Ron DeSantis has described as a “racket” in recent years....more

Cozen O'Connor

Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework

Cozen O'Connor on

This week, after 7 years of failed efforts, the Florida Legislature passed a meaningful Assignment of Benefits (“AOB”) reform bill. Florida Governor Ron DeSantis announced yesterday that he would sign the legislation...more

Troutman Pepper Locke

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

Troutman Pepper Locke on

Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

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