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Blog Posts in Insurance Coverage Disputes

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  • Florida Fifth DCA rules in favor of defendant life insurance company in coverage dispute involving interpretation of policy provisions

    On December 31, 2020, in Principal Life Insurance Company v. Halstead, et al., No. 5D18-3342, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the plaintiff...

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  • Florida Fourth DCA rules that whether plaintiff had given "prompt" notice of claim to defendant property insurer as required under insurance contract was jury question not subject to resolution by summary judgment

    On December 9, 2020, in Restoration Construction, LLC, v. Safepoint Insurance Company, No. 4D19-3790, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant...

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  • Florida Fourth DCA finds that defendant insurer in bad faith case waived objection to technical defect in civil remedy notice by not raising defect in response to notice

    On October 21, 2020, in Bay v. United Services Automobile Association, No. 4D19-3332, the Florida Fourth DCA reversed a trial court order dismissing a plaintiff’s bad faith complaint...

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  • Florida Third DCA rules that plaintiff in breach of contract case against property insurer is not entitled to obtain defendant’s privileged claims file in discovery until there is a determination of policy coverage

    On October 7, 2020, in Safepoint Insurance Company v. Gonzalez, et al., No. 3D20-1050, the Florida Third DCA quashed a trial court ruling that had required the defendant insurer...

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  • Florida Fourth DCA affirms dismissal of bad faith lawsuit by insured against property insurer after concluding that plaintiff’s civil remedy notice lacked sufficient specificity

    On September 23, 2020, in Julien v. United Property & Casualty Insurance Company, No. 4D19-2763, the Florida Fourth DCA affirmed a trial court’s...

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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

    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

    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

    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

    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

    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

    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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