In Linares v. Universal Property and Cas. Ins. Co., 2014 Fla. App. LEXIS 10168, (Fla. 3rd DCA, July 2, 2014), the Court reversed the trial court’s summary judgment ruling in favor of the insurer (“Universal”), which determined that the homeowners’ breach of contract action was barred by the five-year statute of limitations
Florida Federal Court Applies Statutory Definition of “Structural Damage” in Sinkhole Case
Over the last decade, policyholders and insurers have actively litigated the meaning and scope of “structural damage” under the Florida statutory sinkhole scheme. In 2011, in an effort to resolve the dispute, the Florida Legislature adopted a five-part definition of “structural damage” to be applied when interpreting insurance policies providing coverage for sinkhole losses. Fla.
Efficient Proximate Cause In Florida: 2nd DCA Reverses Judgment and Remands for New Trial Requiring Application of Efficient Proximate Cause Theory
The courts have historically grappled with the controlling rule of law in cases involving multiple causes of loss in the property insurance coverage context. The majority of jurisdictions typically employ the doctrine of efficient proximate cause: coverage is afforded if the predominant cause of loss is a covered cause of loss. The minority of jurisdictions,
General Contractor Overhead and Profit Ruling Issued by Florida Supreme Court
The Florida Supreme Court recently joined numerous other jurisdictions holding that general contractor overhead and profit should be included in an estimate on a property insurance claim when, based on the unique facts of the claim, it is reasonably likely that the insured will need to use a general contractor in completing the repairs.
In
Florida’s 3rd DCA Affirms Late Notice Ruling in Favor of Insurer After Four Year Delay
This case, Hope v. Citizens Property Ins. Co., 2013 Fla. App. LEXIS 8891 (Fla. 3rd DCA, June 5, 2013), addresses the sufficiency of evidence to overcome the presumption of prejudice in the context of a late notice Hurricane Wilma claim. Mr. Hope, the homeowner, sustained damage to his home as the result of Hurricane Wilma
Florida Appellate Court Upholds “Other Structures” Policy Exclusions In Absence Of Conflict With Condominium Act
In Citizens Property Ins. Corp. v. River Manor Condominium Assoc., Inc., 2013 Fla. App. LEXIS 5729 (4th DCA April 10, 2013), the court primarily addressed a potential conflict between a policy exclusion and insurance coverage requirements of the Condominium Act, Fla. Stat. 718.111(11)(b). Ultimately, the court reversed the trial court’s summary judgment ruling in
Florida Late Notice Law: Florida Appellate Court Grants Insurer Motion for Rehearing, Withdraws Previous Ruling, And Affirms Trial Court’s Grant of Summary Judgment To Insurer
In 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Ins.Co., No. 3D12-132 (3rd DCA April 3, 2013), upon rehearing and de novo review, Florida’s Third District Court of Appeal withdrew its February 6, 2013 late notice ruling (see our analysis of that decision in the February 11 posting), and affirmed the
Sinkhole Coverage Not Required in Florida for Surplus Lines Insurers: Federal Court Rules Florida Sinkhole Statute Inapplicable To Surplus Lines Insurers
Surplus lines insurance is typically provided to insureds who, for various reasons, are not able to secure insurance from an “admitted” or “authorized” carrier in a state. Legal issues surrounding surplus line coverage sometimes involve whether or not a particular statute applies to surplus lines carriers or only “admitted” or “authorized” carriers within a state.
Proofs of Loss in Florida: Second District Court of Appeal Reverses Summary Judgment for Insurer Based On Waiver and Partial Compliance
Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss within a certain time period (in some policies this applies only where the insurer requests a proof of loss). If the insured partially complies, i.e., provides
Sworn Proof of Loss is a Condition Precedent, and Florida’s 5th DCA Applies Presumption of Prejudice Rule
Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss, provide timely responses to an insurer’s request for documentation related to the claim and, if requested, submit to examinations under oath. If the insured fails to