Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 31, 2014


  • Sinkhole Insurance Claim: trial court was required by Fla. Stat. § 627.7074 to stay insured’s lawsuit against insurer immediately after insurer filed request for neutral evaluation of insured’s sinkhole coverage claim with Department of Financial Services - Citizens Prop. Ins. Corp. v Trapeo, No. 2D13-2078 (Fla. 2d DCA Jan. 31, 2014) (petition granted); Citizens Prop. Ins. Corp. v Finley, No. 2D13-3445 (Fla. 2d DCA Jan. 31, 2014) (petition granted)
  • Standing to Appoint Receiver: former husband lacked standing to seek appointment of receiver to collect rental income derived from former marital home in order to pay mortgages that secured notes signed only by former husband, which former wife was required to pay pursuant to final judgment of divorce, because former marital home was distributed to former wife in final judgment and former husband no longer had legal or equitable interest in home - Byrne v Bryne, No. 4D13-1150 (Fla. 4th DCA Jan. 29, 2014) (reversed)
  • Preemption: pursuant to Mangrove Trimming and Preservation Act (§§ 403.9321-403.9333, Fla. Stat.), Town of Jupiter had no authority to pass regulations or assess fines relating to removal of mangroves without express permission of Florida Department of Environmental Protection - Town of Jupiter, Florida v Byrd Family Trust, No.4D13-2566 (Fla. 4th DCA Jan. 29, 2014) (petition denied)



  • Refinance Rate Class Action: putative class of individuals allegedly overcharged for title insurance during mortgage refinance not readily ascertainable and failed Rule 23’s commonality and predominance requirements where individualized fact-finding necessary to determine eligibility for discounted rate and amount of damages, precluding class certification - Haskins v. First Am. Title Ins. Co., No. 10-5044 (D. N.J. Jan. 27, 2014) (denying class certification)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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