News Room

News Room

A Physical Abuse Exclusion Sufficient to Bar Coverage for Shooting * Improper to Compel Post-Accident Photos Based Solely on Relevance * Successful Offeror of a Proposal for Settlement Entitled to Attorney Fees Absent Finding of a Bad Faith Offer * Right to Equitable Subrogation Arises When Judgment Entered Against Tortfeasor or When Payment Has Been Made

October 15, 2015 Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Miglino v. Universal Property & Cas. Ins. Co., the Fourth District Court of Appeals found that a physical abuse exclusion barred […]

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SPECIAL BAD FAITH UPDATE

August 21, 2015 SPECIAL BAD FAITH UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of an important recent decision by the Eleventh Circuit United States Court of Appeals which vacated a final judgment finding that the United States District Court for the Southern District of Florida erred as a matter of law […]

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Prejudice Is Measured By Whether Insurer Was Denied Opportunity To Evaluate Breach Of Insured * Partial Final Judgment In Dec Action Determining Duty To Defend But Not Indemnify Not Appealable Non-Final Order * Modification Of Policy Coverage By Wife Of Named Insured May Be Binding If Deemed To Be Agent Of Insured

August 19, 2015 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida District Courts of Appeal have recently issued several opinions concerning coverage that may be of interest to you. EXECUTIVE SUMMARY In Depositors Insurance Company v. CC &C of Lake Mary, LLC, the Fifth District Court of Appeal reversed a summary judgment order in […]

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Tort Update

June 17, 2015 Dear Ladies and Gentlemen: We would like to share with you some recent opinions from the Florida District Courts of Appeal and the Florida Supreme Court that may be of interest to you. In Miley v. Nash[1], the Second District Court of Appeals found that a proposal for settlement was not invalid […]

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CASE LAW UPDATE – APRIL 15, 2015

 April 15, 2015 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith that may be of interest to you. EXECUTIVE SUMMARY In Whritenour v. Thompson, 145 So.3d 870 (Fla. 2d DCA 2014), the Second District Court […]

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CASE UPDATE

 March 23, 2015 CASE LAW UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of a recent and important decision from the Eleventh Circuit United States Court of Appeals which reversed a decision from the United States District Court for the Middle District of Florida holding that the term “structural damage” as stated […]

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Permanent Injuries Do Not Guarantee Award of Future Non-Economic Damages * * * What “Duty” is Owed to the Trespassing Victim * * * Does Removal of Premises End Liability * * * No Reasonable Expectation of Privacy on Facebook

February 11, 2015 Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Buitrago v. Feaster, the Second District Court of Appeals found that Allstate v. Manasse expressly rejected the notion that a verdict […]

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Parents Not Liable For Acts Of Mentally Ill Adult * Post Verdict Juror Interview Where Concealment Is Alleged * Denial of Auto Theft Claim Where Insured Paid Lienholder May Allow For Recovery of Attorney Fees * Where Vehicle Is Consigned – Defendant Liability May Not Be Limited

October 20, 2014 Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Knight et. al. v. Merhige et. al., the Fourth District Court of Appeals held that the Defendants owed no legal duty […]

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Insurer Exposure to Bad Faith Potentially Extended as Liability for Breach of Contract is No Longer Required

September 25, 2014  CASE LAW UPDATE  Dear Ladies and Gentlemen: This correspondence is to advise you of a recent and extremely important bad faith decision from the Fourth District Court of Appeal which potentially extends insurance companies’ exposure to bad faith claims.  In Cammarata v. State Farm Florida Ins. Co., 2014 WL 4327948 (September 3, […]

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Where Actions of Insurer Were Not Based Solely on Its Own Interest No Bad Faith * Policy Exclusion for Expected or Intended Injury Extends to Pool Technician Aberrant Sexual Actions * Proposal for Settlement by One Defendant Which Released All Defendants Was Not Ambiguous

August 1, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: The United States District Courts in Florida and the Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith that may be of interest to you.  EXECUTIVE SUMMARY In Joshua Moore v. Geico General Insurance Company,[1] the United States District […]

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