Property Insurance
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 September 6, 2011
Statute Of Limitations On Property Insurance Claims
Under Senate Bill 408—
View West Condominium Assoc. Inc. v. Aspen Specialty Ins. Co.,
2011 WL 3704782 (S.D. Fla.)
Southern District Of Florida Dismisses Portion Of Condominium Association's Hurricane Claim As Time Barred;
Under SB 408 Property Insurance Claims Have A Five-Year Statute Of Limitations Which Runs From The Date Of Loss And Not Date Of Breach
Posted July 29, 2011
Homeowners Insurance, Policy Interpretation—
Elliott v. State Farm Insurance Company,
36 Fla. L. Weekly D1153a (Fla. 4th DCA, June 1, 2011)
Court Finds The Plain Language Of A Policy Would Be Meaningless Without A Discernable, Geographic Limitation To Coverage And
Thus A Golf Cart Accident On A Private Road In A Residential Community Did Not Occur On An "Insured Premises."
Posted November 30, 2010
Property Insurance—
Citizens Property Insurance Corporation v. Galeria Villas Condominium Association, Inc.,
35 Fla. L. Weekly D2586a (Fla. 3rd DCA, November 24, 2010)
Third DCA Reverses Appraisal Order Due To Insured's Failure To Produce Documents And
Allow Documents And Allow Access To The Property
Posted November 24, 2010
Homeowner's Insurance, Insurance Coverage, Evidence—
Citizens Prop. Ins. Corp. v. Ashe,
35 FLW D2534a (Fla. 1st DCA, Nov. 17, 2010)
First DCA Holds That "Other Insurance" Clause Inapplicable Where Insured Had Separate Wind And Flood Policies,
Each Covering A Different Peril— "Total Loss Recovery Rule" Likewise Inapplicable If The Insured Is Able To Prove A Covered Peril
Caused Total Loss; Despite Full Recovery Under another Policy— Evidence Of Insured Receiving Insurance Benefits Relevant And Admissible
Posted April 29, 2010
Property Insurance—
Fla. Farm Bureau Cas. Ins. Co. v. Mathis,
35 Fla. L. Weekly D868a (Fla. 1st DCA Apr. 20, 2010)
First DCA Addresses Valued Policy Law Where Damages Caused By Flood And Wind,
But Jury Determined That Wind Caused Total Loss And Claim For Set Off For Amounts Paid By Flood Insurer
Posted April 27, 2010
Property Insurance—
Sunshine State Ins. Co. v. Rawlins,
35 Fla. L. Weekly D888a (Fla. 3rd DCA Apr. 21, 2010)
Third DCA Finds It Within Court's Discretion To Compel Appraisal While Also Preserving Coverage
Defenses For Insurer
Posted April 13, 2010
Property Insurance—
American Capital Assurance Corporation v. Courtney Meadows Apartment, L.L.P.,
35 Fla. L. Weekly D802a (Fla. 1st DCA, April 7, 2010)
First DCA Reverses Denial Of Appraisal, Finding That Policy Did Not Have A Time Limit On
Demanding Appraisal And Compelling Appraisal For Items Not Yet Adjusted Because It Was Unknown If
Parties Disputed The Amount Of Loss Requiring An Appraisal
Posted February 15, 2010
Property Insurance—
Vision I v. Aspen Specialty Insurance Company & James River Insurance Company,
--- F.Supp.2d- (S.D.Fla.)(2009 WL 4927162 (S.D.Fla.))
Federal Court Determined That Late Notice To Policy Coverage Was A Question Of Fact For The Jury
Posted January 18, 2010
Property - Bad Faith—
Citizens Property Ins. Co. v. Garfinkel,
34 Fla. L. Weekly D2599b, (Fla. 5th DCA Dec. 18, 2009)
Fifth DCA Finds Citizens Property Insurance Corporation Immune From Bad Faith Claims
Posted December 9, 2009
Property Insurance Claims—
The Florida Insurance Guaranty Association, Inc. v. Devon Neighborhood
Association, Inc., 34 Fla. L. Weekly D2482a (Fla. 4th DCA, December 2, 2009)
FIGA Precluded From Asserting The Appraisal Process After Right To Mediation Statue (§627.7015)
Held Not To Violate The Impairment Of Contracts Clause Of The Constitution
Posted December 8, 2009
Property Insurance Claims—
The Florida Insurance Guaranty Association, Inc. v. Shadow Wood Condominium Association, 34 Fla. L. Weekly D2481a (Fla. 4th DCA, December 2, 2009)
FIGA Bound By The Insolvent Insurer's Failure To Notify The Insured Of Its §627.7015 Right To
Participate In A Mediation Program
Posted November 17, 2009
Property Insurance—
State Farm Florida Ins. Co. v. Nichols, (5th DCA, 5D08-2873, 590-4199, 5D08-4200, 5D08-4201; 5D08-4202, November 6, 2009)
(no FLW Supp citation available at this time)
Fifth District Court of Appeal Interprets When Insuers are Obligated to Pay for Subsurface Sinkhole Repairs