By: Schyeler S. Gilman 49 Fla. L. Weekly D360, --So.3d --, 2024 WL 591695 (Fla. 3d DCA Feb. 14, 2024) On February 14, 2024, Florida’s Third District Court of Appeal ruled that Fla. Stat. §627.70152(3), requiring a written pre-suit notice of intent to litigate be submitted to the Department of Financial Services, applies retroactively to insurance policies that pre-date the…

By Allison Van Fleet No. 3D23-1934, 2024 WL 1894872, -- So.3d -- (Fla 3d DCA May 1, 2024). The Insured in the underlying suit sought certiorari review of an order granting a motion for protective order in favor of the­ Insurer. After reviewing the order, the Third District Court of Appeal quashed the original order entered. The underlying order allowed…

By: Marissa Levy No. 5D22-1404, 2023 WL 8285681, 374 So. 3d 934 (Fla. 5th DCA 2023) The Florida District Court of Appeal, Fifth District, recently held that the meaning of the word “incur” in a tear out clause for a homeowners insurance policy issued by State Farm Insurance Company did not require the homeowner to enter into a non-voidable repair…

Summary of Case by Oliver Bryce Clark, Associate Attorney Upon Defendant’s removal, the Middle District of Florida, Orlando Division ruled on the merits of Defendant, Rockhill Insurance Company’s Motion for Summary Judgment, finding, for the below-stated reasons, that the same admitted of disputed issues of material fact which precluded judgment in favor of Defendant. In Donald E. Clark; and Stacy…

Summary of Case by Oliver Bryce Clark, Associate Attorney Faced with an appeal from the trial court’s grant of summary judgment in favor of Appellant, Citizens Property Insurance Corporation, the Third District Court of Appeal for the State of Florida addressed whether said grant was appropriate where the insurance policy in effect between Appellee, Donato Arguelles, and Appellant required the…

Summary of Case by Allison Van Fleet, Associate Attorney American Integrity Insurance Company v. Estrada, not final until disposition of timely filed motion for rehearing (Fla. 3d DCA June 26, 2019) Issue: Whether the trial court’s striking of American Integrity’s affirmative defense alleging the insured concealed or misrepresented material facts or circumstances, engaged in fraudulent conduct, or made false statements…

Summary of Case by Emily Walsh, Associate Attorney FACTS OF THE CASE: The insureds’ policy imposed a duty to promptly notify Liberty Mutual of a suspected covered loss. On April 5, 2017, the insureds discovered a water leak under their kitchen sink. A plumbing company repaired the leak the same day and Liberty Mutual was not given the opportunity to…

Summary of Case by Oliver Bryce Clark, Associate Attorney Faced with competing Motions for Summary Judgment, the Middle District of Florida, Orlando Division, recently considered whether an insurer bears responsibility for structural damage done to an insureds’ property and the consequent loss of the insureds’ water heater system based upon a plain language analysis of the extant insurance contract between…

Summary of Case by Allison Van Fleet, Associate Attorney The Third District Court of Appeal has recently interpreted Florida Statute § 627.7015 to preclude an insurer from demanding appraisal prior to informing the insureds of the statutory right to mediate. In Kennedy v. First Protective Insurance Company, No. 3D18-1993, 2019 WL 1051386 (March 6, 2019), a dispute arose between the…