News & Analysis as of

Denial of Insurance Coverage Florida Policy Terms

Marshall Dennehey

The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered...

Marshall Dennehey on

State Farm Florida Ins. Co. v. Feltes, Fla. 6th DCA, No. 6D2023-0991, November 27, 2024 - This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and...more

Marshall Dennehey

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

Marshall Dennehey on

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

Cozen O'Connor

Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs

Cozen O'Connor on

In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Three

This is the third in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation. The changes were made in Senate Bill 2A and House Bill 837, which became law...more

Butler Weihmuller Katz Craig LLP

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising...more

Cozen O'Connor

Eleventh Circuit Reaffirms Exception to the ‘Four Corners’ Rule for Determining an Insurer’s Duty to Defend

Cozen O'Connor on

As a general rule, an insurer’s duty to defend arises under Florida law when the allegations of the complaint against the insured “fairly and potentially bring the suit within policy coverage.” Jones v. Fla. Ins. Guar. Ass’n,...more

Searcy Denney Scarola Barnhart & Shipley

After Hurricane Irma, It May Be Property Owners Against Insurers

Hurricane Irma made a mess of Florida as it slammed into the Keys and pushed its way up the west coast, uprooting trees, destroying neighborhoods and costing lives. We all must now go forward and rebuild what is left....more

Carlton Fields

“Arising” tide for insurers: 11th Circuit takes expansive view of Prior Acts Exclusion

Carlton Fields on

Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But...more

Carlton Fields

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

Carlton Fields on

It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

Butler Weihmuller Katz Craig LLP

What's a Court to Consider After a Post-Suit Payment?

Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language of this statute has been part of Florida law for over a century, and the...more

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