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Blog Posts in Insurance Coverage Disputes

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  • Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination
    Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination

    On July 12, 2019, in First Protective Insurance Co. v. Colucciello , No. 5D19-31, the Florida Fifth DCA reversed a trial court’s order denying an insurance company’s motion to compel an appraisal ...

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  • Florida First DCA rules that insurance coverage under liability policy identifying a named insured as doing business under a fictitious name was limited to business done under that fictitious name
    Florida First DCA rules that insurance coverage under liability policy identifying a named insured as doing business under a fictitious name was limited to business done under that fictitious name

    On May 28, 2019, in Musselwhite v. Florida Farm General Insurance Company , et al., No. 1D18-780, the Florida First DCA affirmed a trial court ruling that a commercial liability policy purchased by ...

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  • Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on denial of Medicaid services
    Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on denial of Medicaid services

    On March 27, 2019, in A.W v. Humana Medicaid Plan , No. 4D18-866, the Florida Fourth DCA reversed a final order of the Agency for Health Care Administration (“AHCA”) that dismissed the plaintiff’s ...

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  • Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending
    Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending

    On January 26, 2018, in Landers v. State Farm , No. 5D15-4032, the Florida Fifth DCA reversed a trial summary judgment in favor an insurance company in a first party bad faith lawsuit involving a ...

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  • Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof
    Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof

    On January 17, 2018, in Jones v. Federated National Insurance Company, No. 4D16-2579, the Florida Fourth DCA reversed a final judgment in favor of the defendant insurance company in a first party ...

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  • Florida Supreme Court rules that prevailing insured in homeowners' insurance case was entitled to payment of attorney's fees with contingency fee multiplier
    Florida Supreme Court rules that prevailing insured in homeowners' insurance case was entitled to payment of attorney's fees with contingency fee multiplier

    On October 19, 2017, in Joyce v. Federated National Insurance Company , No. SC16-103, the Florida Supreme Court quashed the Florida Fifth DCA’s reversal of a trial court’s decision to apply a 2.0 ...

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