Gabrielle Wright at Marshall Dennehey

Objections to the Adequacy of a Civil Remedy Notice Can Be Waived

Vachon v. The Travelers Home and Marine Insurance Company, Fla. 2d DCA, No. 2d2023-2674, Feb. 14, 2025 - The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as...more

4/30/2025 / Appellate Courts , Bad Faith , Florida , Insurance Claims , Insurance Litigation , Motion to Dismiss , Statutory Interpretation , Summary Judgment , Waivers

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

3/11/2025 / Breach of Contract , Commercial Insurance Policies , Construction Industry , Contract Terms , Denial of Insurance Coverage , Insurance Claims , Insurance Litigation , Liability , Policy Terms , Subcontractors

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

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

12/31/2024 / Denial of Insurance Coverage , Florida , Insurance Claims , Insurance Litigation , Policy Terms , Property Damage , Property Insurance , Water Damage

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

10/31/2024 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Insurance Litigation , Notice Requirements , Policy Exclusions , Policy Terms , Property Damage , Property Insurance

Third District Court Quashes Order Granting Motion for Protective Order Relating to a Corporate Representative’s Deposition

Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective...more

8/30/2024 / Discovery , Document Productions , Evidence , Florida , Insurance Litigation , Protective Orders

Florida’s Third District Court of Appeals Quashes Trial Court’s Order Compelling Production of Certain Claim File Documents

Vault Reciprocal Exchange v. Luria, et al., 2024 WL 948632 (Fla. 3rd DCA 2024) - During discovery, Vault Reciprocal Exchange responded to Luria’s request for production and preemptively filed a privilege log, which objected...more

8/23/2024 / Document Productions , Insurance Claims , Insurance Industry , Insurance Litigation , Privilege Logs

Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain

Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more

6/11/2024 / Appraisal , Denial of Insurance Coverage , FL Supreme Court , Insurance Claims , Insurance Industry , Insurance Litigation , Property Damage

Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.

Arce v. Citizens Property Insurance Company, 3D22-0722 - The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for...more

2/1/2024 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Natural Disasters , Policy Terms , Property Damage , Severe Weather

Fourth District Affirms Insurers’ Right to Directed Verdicts in Claims Not Related to the Insured’s Policy

Universal Property & Casualty Ins. Co. v. Caboverde, et. al., No. 4D22-1059 (Fla. Dist. Ct. App. Jun. 28, 2023) - After the insureds’ ceiling collapsed by a few inches, the insurer’s field adjuster saw that the ceiling had...more

10/10/2023 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Insurance Litigation , Property Damage

Grappling With the Wear and Tear Exclusions of Homeowners’ Policies

Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more

10/9/2023 / Homeowner's Insurance , Insurance Claims , Insurance Litigation , Policy Terms , Property Damage , Summary Judgment , Water Damage

Third District Court Finds That an Insured’s Knowledge of a Possible Claim is Critical to the Calculus of Determining Prompt...

The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice....more

8/1/2023 / Insurance Industry , Insurance Litigation , Notice Requirements , Property Damage

Affidavits Must Be Based on Personal Knowledge, Set Out Facts Admissible in Evidence, Show Affiant’s Competence to Testify on...

The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment. According to the court, the corporate representative is an...more

7/28/2023 / Affidavits , Evidence , Insurance Industry , Insurance Litigation , Summary Judgment

Gabrielle Wright

Marshall Dennehey

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