Tag Archives: Court Opinion
If Damage Falls Below the Deductible, is the Claim Covered or Denied?
Much has been written on the statute of limitations on hurricane claims, but as long as new, helpful opinions are published like the one last week in Oriole Gardens Condominiums, III v. Independence Casualty and Surety Company, 11-60294, 2012 WL 718803…
Florida Supreme Court Rules That Since Insurance Policy Does Not Expressly Provide Coverage For Attorneys’ Fees, FIGA Does Not Have To Pay Them
On January 19th, the Florida Supreme Court issued its opinion in Petty v. Florida Insurance Guaranty Association, which decided whether an insured is entitled to recover attorney’s fees from the Florida Insurance Guaranty Association (FIGA). I wr…
Florida Appellate Court Upholds The Sanctity Of The Appraisal Process
Appraisal in first party property insurance claims is an alternative dispute resolution process designed to help policyholders and insurers resolve their disagreements over the amount of loss for claims. It has been utilized quite often in past years f…
Policyholders Need to be Aware of the Potential Finality of Claim Payments
In a recent decision, Florida’s Third District Court of Appeal granted a directed verdict in favor of United Property and Casualty Insurance Company and reversed a trial court’s summary judgment ruling for the policyholders.According to the…
The Games Insurance Companies Play
I did not think of the title to this post. It was written in an opinion from Florida’s Third District Court of Appeal. In reviewing the transcript of an examination under oath in Jose De Leon vs. Great American Assurance Company, 3D09-646, — So…
Court Clarifies Opinion on When a Bad Faith Claim Can Be Filed
In October 2009, a post on the Property Insurance Coverage Law Blog titled Florida’s Third District Rules When a Bad Faith Claim Can be Filed Following Appraisal evaluated the case of State Farm Florida Ins. Co. v. Seville Place Condo. Ass’n, Inc…
Another Judge Follows the Trend Finding Sinkhole Neutral Evaluation Unconstitutional
Following the string of recent rulings I noted in Sinkhole Neutral Evaluation Unconstitutional and 2006 Sinkhole Statute Unconstitutional, yet another Florida trial court judge has found the neutral evaluation statute unconstitution…
Florida’s Second District Court of Appeal Follows the Third District’s "Dual-Track" Approach to Appraisal
On Friday of last week, Florida’s Second District Court of Appeal followed the lead of Florida’s Third District in requiring an evidentiary hearing before an appraisal can be compelled if the insurer alleges failure to comply with post-loss…
Texas Supreme Court Now Requires Showing of Prejudice for Waiver of Appraisal Provisions
The Texas Supreme Court displayed its strong preference for appraisal this past Friday, May 6, 2011. In In re Universal Underwriters of Texas Ins. Co., No. 10-0238 (Tex. May 6, 2011), the Court stated what a party must show to successfully argue that a…
Florida District Court Of Appeal Says "Gamesmanship" By Insurance Counsel Warrants A New Trial
Law in its basic definition is a system of rules and ethical guidelines, usually enforced through a set of institutions. It shapes various facets of society in numerous ways and serves as a social mediator of relations between people and corporate enti…
