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Florida Court Rules Insurance Policy Deductible to Apply Post Verdict and Off-Set Damages

On March 27, 2024, the Florida Fourth District Court of Appeals issued an opinion in Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain holding that “the trial court should have applied a $2,900...more

Florida Courts Diverge on Presumption of Prejudice and Late Notice

On January 3, 2024, the Third DCA issued an opinion in Mario Arce et.al. vs. Citizens Property Insurance Corporation, 3D22-0722 (Fla. 3d DCA 2024), expressly disagreeing with the Fourth DCA on whether late notice provided by...more

Insurer’s Correspondence is Key to Determining Whether Appraisal is Warranted

In Heritage Property & Casualty Insurance Company v. Wellington Place HOA, Inc., No. 4D2022-2749 (Fla. 4th DCA Sept. 13, 2023), the Fourth District Court of Appeal recently addressed the following question: How should...more

"Wear and Tear" is an "Act of Nature," According to Florida's Third DCA

In People’s Trust Insurance Company vs. Sheila Banks, et.al., No. 3D22-1436 (August 16, 2023), the Third District Court of Appeal (“Third DCA”) issued two significant findings: (1) wear and tear as well as deterioration are...more

Sixth District Court of Appeal Addresses the Scope of Appraisal

In a June 9, 2023 decision, the Sixth District Court of Appeal (“DCA”) explained the role of an umpire during the appraisal process. The First Acceptance Ins. Co., Inc. v. At Home Auto Glass, LLC a/a/o Petra James trial court...more

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