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Florida Appellate Court Rejects Third Party’s Attempt to Rewrite Appraisal Clause in Property Insurance Policy

December 3, 2021 by Carlton Fields

On November 10, 2021, Florida’s Fourth District Court of Appeal weighed in on a matter involving the interpretation of an appraisal clause for resolving disputes regarding the amount due for covered loss in First Call 24/7, Inc. v. Citizens Property Insurance Corp. In July 2018, Citizens Property Insurance insured a piece of property owned by the policyholder. The policyholder contacted First Call 24/7 Inc. to provide water mitigation services after her property ... Keep Reading »

Florida Federal Court Affirms Insurer’s Denial of Hurricane Irma Claim Reported More Than Two Years Late

October 26, 2021 by J. Kent Crocker

The U.S. District Court for the Southern District of Florida granted a motion for summary judgment in favor of the insurer in LMP Holdings v Scottsdale Insurance Co., holding that the insurer was prejudiced by the insured’s delayed reporting of the claim. The matter concerned a Hurricane Irma claim for a commercial property located in Miami-Dade County, Florida. The insurer, Scottsdale Insurance Co., issued LMP Holdings Inc., the insured, an all-risk commercial ... Keep Reading »

Eleventh Circuit Finds No Insurance Coverage for Dental Practice’s COVID-19 Business Income Loss Under Georgia Law

September 17, 2021 by Gregory Gidus

Dentist wearing a mask due to COVID-19

In a recent decision, the Eleventh Circuit Court of Appeals ruled that an insured's failure to allege "direct physical loss or damage" to property was fatal to its COVID-19-related business interruption claim. Although addressed ad nauseam by the district courts - with the overwhelming majority finding no coverage - the Eleventh Circuit's unpublished decision appears to be just the second federal appellate opinion on this issue. The other, the Eighth Circuit's decision ... Keep Reading »

Florida Appellate Court Issues Opinion on Validity of Assignment of Benefits in Property Insurance Claim

August 13, 2021 by Carlton Fields

Insurance Claim Rejected

As the Florida Legislature and Florida courts continue to grapple with the issue of assignments of benefits in property claims, the Fourth District Court of Appeal recently weighed in on a matter involving the validity of a purported assignment in QBE Specialty Insurance Co. v. United Reconstruction Group Inc. The case involved a water damage claim at a home insured by QBE Specialty Insurance Co. United Reconstruction Group was hired to perform emergency water ... Keep Reading »

Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation

July 2, 2021 by Andrew Daechsel

In what appears to be the first substantive appellate ruling in COVID-19-related insurance coverage litigation, the Eighth Circuit Court of Appeals in Oral Surgeons, P.C. v. Cincinnati Insurance Co. ruled in favor of the insurer and affirmed the trial court’s order of dismissal under Iowa law. The plaintiff in Oral Surgeons, a dental practice, allegedly sustained financial losses due to the COVID-19 pandemic and related government orders that temporarily restricted ... Keep Reading »

Consistent With Nationwide Trend, Recent Decisions Applying Louisiana Law Find COVID-19 Does Not Cause Physical Loss or Damage

May 14, 2021 by Alex M. Bein

Consistent with the majority of decisions in courts across the country, a number of Louisiana state and federal courts have recently held that COVID-19 does not cause physical loss or damage to property as required for coverage under most first-party property policies. In a summary judgment decision issued from the bench in Nite, Nite LLC v. Certain Underwriters at Lloyd’s, London, a Louisiana state court considered whether the state government’s COVID-19 shutdown ... Keep Reading »

Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims

May 6, 2021 by Carlton Fields

photo of rooftops

Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit requirement that any claimant (who is not an assignee of the policy) must provide written notice of intent to initiate litigation to the insurer at least ... Keep Reading »

No More Runway for Florida COVID-19 Insurance Coverage Lawsuit

April 30, 2021 by Andrew Daechsel

Airport Runway

Judge Raag Singhal in the U.S. District Court for the Southern District of Florida recently dismissed with prejudice a COVID-19 business interruption insurance coverage lawsuit brought by the owners of Anthony's Runway 84 - a popular restaurant near the Fort Lauderdale airport. As this blog has reported previously, there has been a tidal wave of rulings in favor of insurers in COVID-19 business interruption insurance coverage lawsuits. With Judge Singhal's dismissal with ... Keep Reading »

“Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed

March 26, 2021 by Jeffrey Michael Cohen

The purpose of Florida’s “bad faith” statute is to “avoid unnecessary bad faith litigation.” To that end, the statute provides a civil remedy for any person damaged by an insurer’s conduct. However, as a condition precedent to filing suit, the policyholder must provide appropriate information to the Department of Insurance and the insurer by filing and serving a civil remedy notice (CRN). The CRN must specify the policyholder’s complaint and provide the insurer with a ... Keep Reading »

New Jersey Federal Court Holds Virus Exclusion Bars Coverage for Car Dealerships’ COVID-19 Losses; Rejects Public Policy Argument Based on Pending Legislation

March 5, 2021 by Christina Gallo and Charles W. Stotter

We previously described a proposed New Jersey bill that was introduced to the state assembly in March 2020 that would require insurers to cover business interruption losses related to the novel coronavirus pandemic. Almost a year later, the proposed bill has yet to be voted on by the legislature — and the stalled bill is causing significant roadblocks for policyholders who wish to rely on it to escape the application of virus exclusions in property insurance policies to ... Keep Reading »

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