Insurance Coverage
Posted May 17, 2012
Insurance, Automobile Liability—
Redland Insurance Company v. CEM Site Constructors, Inc.,
37 Fla. L. Weekly D1115a (2nd DCA, May 9, 2012)
Second District Court of Appeal Determined That Policy Language Requiring Insured to List All Drivers for
Commercial Auto Policy Was Ambiguous and Fact Issues Remained Regarding Insurer's Claim of Material Misrepresentation
So That Summary Judgment Was Not Appropriate
Posted May 8, 2012
Homeowner's Insurance, Sinkhole, Confession of Judgment—
State Farm Fla. Ins. Co. v. Colella,
37 FLW D1022a (Fla. 2nd DCA Apr. 27, 2012)
Second DCA Reverses Summary Judgment Entered On Breach Of Contract And Confession Of Judgment In Sinkhole Dispute
Posted April 26, 2012
Insurance, Removal, "Direct Action" 28 U.S.C. § 1332(c)(1)—
City of Vestavia Hills v. General Fidelity Insurance Company,
2012 U.S. App. LEXIS 7477 (11th Cir. April 13, 2012)
Eleventh Circuit Court of Appeals Finds Diversity Jurisdiction After District Court Realigned Defendant as a
Plaintiff in Action in Which Injured Plaintiff and Defendant Both Were Seeking A Determination Against Insurer That Coverage Existed,
and Such Realignment Did Not Convert Action into A "Direct Action" under 28 U.S.C. § 1332(c)(1)
Posted April 24, 2012
Insurance, Sinkhole, Fraud On The Court—
Pena v. Citizens Property Insurance Corporation,
37 Fla. L. Weekly D946a (Fla. 2nd DCA, April 20, 2012)
Second DCA Affirms Dismissal For Fraud On Court Where Homeowners Filed False Affidavits That
They Had Entered Into Repair Contract; But Reverses Dismissal With Prejudice, Allowing Insured To Pursue Claim,
Albeit With Sanctions For The Fraud
Posted March 27, 2012
Insurance, Mediation and Appraisal Requests—
State Farm Florida Ins. Co. v. Unlimited Restoration Specialists, Inc.,
37 Fla. L. Weekly D712b (Fla. 5th DCA, March 23, 2012)
Fifth DCA Remands Case and Grants State Farm's Petition for Certiorari Finding Insurer Did Not Waive the Appraisal Process by
Participating in Unsuccessful Mediation Pursuant to Florida Statute 627.7015
Posted March 20, 2012
Construction Defect, Insurance Coverage, CGL Policy—
Amerisure Mut. Ins. Co. v. Auchter Co.,
23 Fla. L. Weekly Fed. C827a(11th Cir. Mar. 15, 2012)
Eleventh Circuit Court Of Appeals Finds No Coverage For Construction Defect Claim Against
General Contractor Where Claim Sought Only To Remedy The Part Of The Completed Project That Was Defective,
But Not To Any Other Project Component-Concludes That Claim Does Not Allege "Property Damage" Within Meaning Of CGL Policy
Posted March 7, 2012
Insurance, Homeowner's Coverage, Appraisal, Summary Judgment—
United Property and Casualty Insurance Company v. Concepcion,
37 Fla. L. Weekly D511a (Fla. 3rd DCA, February 29, 2012)
Third DCA Reverses Order Compelling Appraisal, Finding That Questions Of Fact Remained
Regarding Insured's Compliance With Post-Loss Obligations And Evidentiary Hearing Was Required
Posted March 6, 2012
Insurance, Appraisal, Question of Fact—
Panjikaran v. State Farm Florida Insurance Company,
Fla. L. Weekly D273a (Fla. 2nd DCA, February 1, 2012)
Second DCA Remands Insurance Case And Confirms A Genuine Question Of Material Fact Exists In An Insurance Claim When It Is
Unclear Whether The Parties Dispute Is Regarding The Amount Of The Loss Or A Denial Of Coverage
Posted February 13, 2012
Insurance Coverage, Summary Judgment, Non-Payment Of Premium—
Progressive Express Ins. Co. v. Camillo,
37 FLW D344a (Fla. 4th DCA , Feb. 8, 2012)
Fouth DCA Reverses Summary Judgment In Favor Of Insured And Holds That Insurer Can Reinstate Policy
After Non-Payment Of Premium Without Providing Coverage For Accident That Occurred During Lapse Period,
But Finds That Fact Question On Estoppel Exists Due To Potentially Misleading Bill Sent To Insured
Posted February 2, 2012
Insurance, Sinkhole, Presumptions—
Universal Insurance Company of North America v. Warfel,
No. SC10-948 (Fla. Jan. 26, 2012) 37 Fla. L. Weekly S50a (Fla. S.C., Jan. 26, 2012)
Florida Supreme Court Finds That §627.7073(1)(c) Provision That Engineer/Geologist Findings Are
Presumed Correct Applies Only In The Claims Process And Does Not Create A Rebuttable Presumption Applicable To
Litigation In Order To Shift Burden Of Proof To Insured
Posted January 19, 2012
Insurance, Sinkhole, Neutral Evaluation—
Cruz v. Cooperativa de Seguros Multiples De Puerto Rico,
37 Fla. L. Weekly D46 (Fla. 2nd DCA, January 6, 2012)
Second DCA Dismisses Petition For Writ Of Certiorari In Sinkhole Case Pending Neutral Evaluation—
Court Denies Motion To Lift Stay Pending Neutral Evaluation And
Confirms 2010 Neutral Evaluation Statute Is Not Unconstitutional
Posted December 29, 2011
Insurance Coverage, Uninsured Motorist Coverage—
State Farm Mut. Auto. Ins. Co. v. Curran,
36 FLW D2635c (Fla. 5th DCA, Dec. 2, 2011)(en banc)
Fifth DCA Holds That Failure To Attend Compulsory CME Is A Breach Of Condition Subsequent,
Which Is An Affirmative Defense Which Insurer Has Burden To Plead And Prove And That
Breach Did Not Forfeit Benefits Without Regard To Prejudice To Insurer -
Also Concludes That Insurer Was Not Prejudiced By Breach Even Though It Failed To
Obtain CME During 60 Day "Cure" Period Allowed Under 624.155
Posted October 24, 2011
Insurance, Property Claim, Settlement—
United Prop. & Cas. Ins. Co. v. Valladares,
36 Fla. L. Weekly D2309a (Fla. 3rd DCA, October 19, 2011)
Third DCA Finds There Was Settlement Of Homeowner Claim Where Insrueds Accepted Payment Check From Insurer
After Insured's Complaint To Government Insurance Regulators Resolved The Coverage Dispute
Posted August 29, 2011
Insurance Coverage, Policy Exclusion, Automobile Policy—
State Farm Mutual Automobile Ins. Co. v. Menendez,
36 Fla. L. Weekly S469a (SC10-116, August 25, 2011)
Florida Supreme Court Finds That Household Exclusion Is Unambiguous And Applies To Preclude Coverage Of
Claimant Who Is Member Of Household Of Permissive User Of Vehicle, Rather Than Named Insured
Posted August 22, 2011
Insurance, Choice Of Law, Uninsured Motorist Coverage—
State Farm Mut. Auto. Ins. Co. v. Duckworth,
23 FLW Fed. C263a (11th Cir. Aug. 11, 2011)
Eleventh Circuit Court Of Appeals Finds That UM Anti-Stacking Provision Of Policy Issued In Maryland To
Maryland Resident Who Subsequently Moved To Florida, But Failed To Give Notice Of
Relocation To Insurer Was Enforceable To Preclude Stacking
Posted August 19, 2011
Insurance Coverage, Policy Exclusions, CGL Policy—
Wilshire Ins. Co. v. Birch Crest Apartments, Inc.,
36 FLW D1818a (Fla. 4th DCA Aug. 17, 2011)
Fourth DCA Reverses Summary Judgment And Finds No Coverage For Claim Excluded By
The "Damage To Property" Exclusion In CGL Policy
Posted July 12, 2011
Insurance, Appraisal, Citizens—
Citizens Property Insurance Corporation v. Admiralty House, Inc.,
36 Fla. L. Weekly D1436a (2nd DCA July 1, 2011)
Second DCA Reverses Order Compelling Appraisal Of Homeowner's Hurricane Claim Where Trial Court Failed To
Conduct Evidentiary Hearing On Factual Over Post-Loss Obligations
Posted July 1, 2011
Insurance, Liability, Exclusions—
North Pointe Casualty Insurance Company v. M & S Tractor Services Inc.,
36 Fla. L. Weekly D1365a (Fla. 2d DCA June 24, 2011)
Second DCA Rules That Comprehensive Liability Exclusion For Injuries To Children Of Employees Of Named Insured Is Ambiguous
Posted June 22, 2011
Insurance Coverage, Uninsured Motorist—
Sommerville v. Allstate Ins. Co.,
36 FLW D1299a (Fla. 2nd DCA, June 17, 2011)
Second DCA Aligns Itself With Fourth And Concludes That Insurer May Not Limit UM Coverage By Defining "Covered Autos"
More Narrowly In A UM Context Than For Liability Coverages
Posted March 22, 2011
Insurance, Cancellation, Statutory Application—
Smith v. New Hampshire Indemnity Co.,
36 FLW D581a (Fla. 1st DCA Mar. 16, 2011)
First DCA Affirms Summary Judgment In Favor Of Insurer Finding That Three Option Letter Requirement Of
627.7282 Does Not Apply To Increase In Premium Arising From Change Of Address Occurring With Renewal Of Policy Rather
Than Miscalculation Of Premium Based On Initial Application
Posted August 24, 2010
Insurance Coverage—
Nationwide Mut. Fire Ins. Co. v. The Sign Store, Inc. et. al,
FLWSUPP 1709NATI, Case no: 502009AP000026XXXXMB (Apr. 7, 2010)
Palm Beach Appellate Court Confirms No Coverage For Theft Claims Where
Specifically Excluded Driver Was The One Who Stole The Car
Posted July 20, 2010
Insurance Coverage Issues—
Medley Warehouses, LC v. Scottsdale Ins. Co.,
35 FLW D1456 (Fla. 3rd DCA June 30, 2010)
Third DCA Finds That Insurance Broker Ceases To Be Insured's Agent After Policy Is Issued And Binder Expires,
Reverses Summary Judgment For Insurer Where Terms Of Binder were Ambiguous
Posted July 7, 2010
Insurance Coverage—
Nova Casualty Co v. Willis,
35 FLW D1456a (Fla. 3rd DCA June 30, 2010)
Third DCA Finds No Coverage Under CGL Policy for Damages Resulting From Insured's Faulty Workmanship That
Damaged The Real Property On Which The Insured Was Working, But Finding Coverage For Damages Resulting From
Insured's Faulty Workmanship That Damaged Property That Was Not Within The Scope Of The Insured's Contract
Posted July 6, 2010
Insurance Coverage—
Telemundo Television Studios, LLC v Aequicap Ins. Co.,
35 FLW D1341 a (Fla. 3d DCA, June 16, 2010)
Third DCA Holds That Coverage Will Not Be Provided Under A Policy Where
The Insured Failed To Disclose All Drivers Of A Vehicle As Required By Policy Provision
Posted June 23, 2010
Insurance Coverage—
Fla. Ins. Guaranty Ass'n v. The Olympus Ass'n, Inc.,
35 FLW D1117b (Fla. 4th DCA May 19, 2010)
Fourth DCA Rejects Eleventh Circuit's Ruling In Three Palms Pointe That Insurer Is Limited To Challenging Coverage For The
Loss As A Whole Once An Appraisal Award Has Been Made— Specifically Ruling That Insurer Can Contest Part Of Liability Post-Appraisal,
Without Challenging Coverage As A Whole
Posted April 1, 2010
Insurance Coverage—
Mid-Continent Cas. Co. v. American Pride Building Co. LLC,,
22 FLW Fed C639 (11th Cir. Mar. 29, 2010)
Insurance Coverage: Eleventh Circuit Reversed Summary Judgment In Favor Of Insurer Based On Insured’s Breach Of
Duty Of Cooperation Where Question Of Fact Existed As To Whether Insured Rejected Conditional Defense After
Insurer Materially Altered The Terms Of The Defense And Was Thereby Entitled To Enter Into Unauthorized Settlement
Posted March 23, 2010
Insurance Coverage—
Geico v. Shazier, et al,
35 Fla. L. Weekly D539a (1st DCA March 10, 2010)
First District Court Of Appeal Finds Rental Vehicle Driven By Unauthorized Driver Does Not Qualify As "Temporary Substitute
Posted February 22, 2010
Insurance Coverage—
Nationwide Mut. Fire Ins. Co. v. Smith,
35 FLW 419 (Fla. 1st DCA Feb. 18, 2009)
First DCA Finds That Rule 1.090 Time Deadlines Do Not Apply To Premium Payment Deadlines Established Pursuant To Contract