The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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As I’ve discussed previously, Citizens (and many other insurance companies) use “corporate representatives” for the purpose of depositions who have no actual prior knowledge about the handling of the claim. None. They literally hire third-party persons to study the file and testify off of the cold file, like a student studying for an exam. They
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When is there sufficient evidence to support a jury’s verdict that an insured suffered a covered property damages loss? The federal Eleventh Circuit recently provided some guidance in a case that involved a prior claim that the insurer had admitted was covered but found to be under deductible. In First Baptist Church of Lillian v.
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In Certain Underwriters at Lloyd’s, London v. Gables Court Condo. Ass’n, Inc., 357 So. 3d 759 (Fla. 3d DCA 2023), the Third District reminded us that a lawyer’s representations are not evidence. The court held that representations by an insured condominium association’s counsel that its meeting minutes and invoices for completed roof repairs and repairs
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In Sanchez v. Security First Ins. Co., 2024 WL 949223 (Fla. 3d DCA 2024), Judge Scales of the Third District Court of Appeals recently wrote an important special concurring opinion in a case in which a Third District panel felt bound by an earlier panel’s decision to follow the Fourth District’s view that the (obviously
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A three-judge panel of the Third District followed the Fourth District and held that the presuit notice requirement of the statute governing suits arising under a property insurance policy applies retroactively. The court held that the notice requirement is procedural in nature, as it applies only after a coverage decision has already been made. In doing so,
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In Citizens Property Ins. Corp. v. Zamanillo, 2024 WL 172611 (3d DCA No. 3D22-1564, Jan. 17, 2024), the Third District affirmed the trial court’s entry of summary judgment in favor of the policyholder, noting: As the Third District noted, the case had a long and convoluted procedural history. The Zamanillos filed a breach of contract
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In Cingari v. First Protective Ins. Co., 377 So.3d 1169 (Fla. 4th DCA 2024), the Fourth District considered a first-party property insurance bad faith action stemming from the homeowner’s property damage claim. The trial court entered summary judgment in favor of the insurer. The insurer successfully persuaded the trial court to grant summary judgment in
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Property owners who suffered a covered loss must provide the insurance company with “prompt notice.” Several appellate opinions issued in recent months–after Florida’s change to the “new” summary judgment standard–have driven home the point that this condition precedent (aka “post-loss obligation”)–which is in every insurance contract–will, indeed, be enforced. Several year ago (from 2017 through
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In Dero Roofing, LLC v. Triton, Inc., Case No. 2:21-cv-688-SPC-KCD. (M.D. Fla. 2023), a federal trial judge in the Middle District consider the issue of whether an estimate prepared either by a public adjuster or–perhaps–a roofer hired by the public adjuster could serve as a written expert report sufficient to satisfy rule 26’s requirements when
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In Hughes v. Universal Property & Cas. Ins. Co., 374 So.3d 900 (Case No. 6D23-296) (Fla. 6th DCA Nov. 22, 2023), the Sixth District got it right. The case concerned whether a statutory pre-suit notice requirement, enacted after an insurance policy’s issuance, applies to an even later-filed action for breach of that policy.[1] Bound by precedent,
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