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An AOB Doesn’t Let You Get Away with Fraud, Florida’s 6th DCA Holds

Most property insurance policies contain “Concealment or Fraud” provisions. As the name suggests, these provisions penalize claimants for material misrepresentations or concealment by releasing insurers from payment...more

Fourth District Court of Appeal Determines that Fla. Stat. § 627.70152’s Pre-Suit Notice Requirement Applies Retroactively,...

Earlier this month, Florida’s Fourth District Court of Appeal held that Fla. Stat. § 627.70152’s pre-suit notice requirement applies retroactively to insurance policies issued before the statute’s effective date. The holding...more

Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide

Where an insured does not fulfill his or her contractual duty to provide prompt notice and an insurer claims it was prejudiced as a result, Florida courts apply a two-step analysis to determine the impact of the notice....more

Corporate Representative Testimony Deemed Hearsay by Florida Appellate Court

The inadmissibility of hearsay is well-established. “‘Hearsay’ is a statement, other than one made by the declarant while testifying at [a] trial or hearing, offered in evidence to prove the truth of the matter asserted.” If...more

Florida Courts of Appeals Diverge in Their Treatment of An Identical Late Notice Provision

Florida courts have historically adopted a rebuttable presumption of prejudice in favor of insurers when, in violation of their policies, policyholders delay reporting losses. The presumption’s underlying rationale is that...more

Florida Supreme Court Adopts the Federal Summary Judgment Standard

The Supreme Court, on its own initiative, amended Florida Rule of Civil Procedure 1.510, which governs summary judgment.[1] In doing so, the court has elected to adopt the federal summary judgment standard, overriding the...more

Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?

A condition precedent to receiving coverage under almost any insurer’s homeowner’s policy is an obligation for the insured to provide reasonably “prompt” notice of any loss. However, most policies never define what...more

New Standard of Admissibility for Evidence in Opposition to Summary Judgement Seems to have Emerged Across Florida

The standard of review on a Motion for Summary Judgment is clear in Florida: “Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.” In...more

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