Florida
Stanford Weiner and Irene Weiner v. United Property and Casualty Ins. Co.
Year: 2023
Court: Florida 4th District Court of Appeal
Case Number: 4D22-2413
Issue:
  • Depreciation
State:
  • Florida

In its amicus curiae brief, United Policyholders argues that “actual cash value” payments should include the depreciated value of undamaged property to be replaced under Florida’s matching statute.
Treasure Cay Condominium Assoc., Inc. v. Frontline Unlimited Ins. Co.
Year: 2021
Court: United States Court of Appeals Eleventh Circuit
Case Number: 21-10611-E
Issue:
  • Appraisal
  • Scope of Appraisal
State:
  • Florida

In its brief, UP discusses the purpose of appraisal and why the District Court erred in granting summary judgment to the insurer. UP suggests that the Court erred in holding that Treasure Cay’s demand for appraisal was premature, and that the purpose of appraisal is to…
Town Kitchen, LLC v. Lloyd’s London
Year: 2021
Court: United States Court of Appeals for the Eleventh Circuit
Case Number: 21-10992-CC
Issue:
  • COVID-19
State:
  • Florida

In its brief, UP tackles the issue of COVID-19 as it relates to the dismissal, at the trial court level, of Town Kitchen’s compliant against Lloyd’s London. UP argues the District Court relied on precedent in other jurisdictions and placed undue reliance on the Mama…
American Capital v. Leeward Bay
Year: 2021
Court: Supreme Court Florida
Case Number: SC20-1766
Issue:
  • Appraisal
State:
  • Florida

In its brief, UP tackles the issue of appraisal provisions that are placed in policies to resolve disputes over the amount of loss. Traditionally, nothing in the policy dictates that issues of coverage must be determined prior to appraisal. However, American Capital’s policy, and most modern…
RTG Furniture v. Aspen
Year: 2021
Court: United States Court of Appeals for the Eleventh Circuit
Case Number: 21-10490
Issue:
  • COVID-19
State:
  • Florida

In its brief, UP tackles the topic of COVID-19. In the argument’s summary, UP states that the district court erred in holding “direct physical loss of or damage to” has only one meaning–“tangible injury to property”– because in doing so the district court: (1) ignored…
State Farm v. Sanders
Year: 2021
Court: Supreme Court of Florida
Case Number: SC20-596
Issue:
  • Appraisal
  • Scope of Appraisal
State:
  • Florida

In its brief, UP tackles the issue of appraisal. Insurance companies design and control the insurance policy form and the claim process. Property insurance carriers typically, as an element of exercising that control, place appraisal provisions in their policies to resolve disputes over the amount of…
Mama Jo’s, Inc. v. Sparta Ins. Co.
Year: 2021
Court: United State Court of Appeals for the Eleventh Circuit
Case Number: 18-12887
Issue:
  • Physical Loss or Damage
State:
  • Florida

In its brief, UP weighs in on whether the dust from a construction site adjacent to Mama Jo’s resulted in “direct physical loss or damage to the property enough to trigger policy coverage. The summary of the argument is taken from the amicus: “The issues…
Allstate Indemnity Company, Allstate Insurance Company & Paul Cobb v. Ruiz, Joaquin and Paulina
Year: 2000
Court: Florida Supreme Court
Case Number: SC-01-893
Issue:
  • Claims Handling Rules and Regulations
  • Right to Obtain a Copy of Insurance Policy
State:
  • Florida

Policyholders should be able to obtain copies of insurer’s claim files in litigation involving coverage dispute. /duty of good faith and fair dealing
Aircraft Holdings, LLC vs. XL Specialty Insurance Company
Year: 2005
Court: Florida Supreme Court
Case Number: SC06-1303
Issue:
  • Attorney Client Privilege
State:
  • Florida

In a first-party action brought pursuant to Section 624.155, the attorney-client privilege does not bar production of attorney-client communications generated during the claim investigation and underlying coverage action which are relevant to the issue of whether the company evaluated the claim in good faith. Attorney-client…
Fayad vs. Clarendon National Insurance Company
Year: 2003
Court: Florida Supreme Court
Case Number: 3D02-2447, Supreme Court Case No. SC03-1808
Issue:
  • Earth Movement
State:
  • Florida

Earth movement exclusion should not be narrowly interpreted.
Deni Associates of Florida vs. State Farm
Year: 1997
Court: Florida Supreme Court
Case Number:
Issue:
  • Ambiguity
  • Coverage
  • Pollution Exclusion and Coverages
State:
  • Florida
International Recovery Corporation vs. National Union Fire Insurance Company of Pittsburgh, PA
Year: 1994
Court: Florida 3rd District Court of Appeal
Case Number: 95-1852
Issue:
  • Pollution Exclusion and Coverages
State:
  • Florida

Absolute polluter’s exclusion; inconsistent coverage positions
Nationwide Mutual Insurance Company vs. Chillura
Year: 2004
Court: Florida 2nd District Court of Appeal
Case Number: 2D04-4906
Issue:
  • Property insurance--foundation integral part of building.
State:
  • Florida

A building’s foundation system is an integral component of any building. Accordingly, declaring a foundation system part of the “land” and not part of the building in order to deny coverage is misconstruing and misapplying both Florida Statute No.627.706 and related insurance policy provisions. In…
QBE Insurance Corporation vs. Chalfonte Condominium Apartment Association, Inc.
Year: 2008
Court: Florida Supreme Court
Case Number: SC09-441
Issue:
  • Good Faith
State:
  • Florida

This case concerns whether or not Florida law recognizes a claim for breach of the implied warranty of good faith and fair dealing. Making an insurer accountable for causing additional damages that naturally flow from the breach of its mandated obligation of utmost good faith…
Penzer, Michael, etc. vs. Transportation Insurance Company
Year: 2007
Court: Florida Supreme Court
Case Number: SC08-2068, Lower Court Case No.: 07-13827-FF
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • Florida

Insurance companies have a duty to defend violations of the Telephone Consumer Protection Act (TCPA) under a CGL policy’s “advertising injury” clause even when the facsimile transmission does not disseminate private information. Despite the absence of private information, an unsolicited facsimile arguably can still constitute…
Taurus Holdings, Inc. vs. United States Fidelity & Guaranty
Year: 2003
Court: Florida Supreme Court
Case Number: SC04-771
Issue:
  • Ambiguity
State:
  • Florida

UP requests Court affirm that the undefined insurance policy phrase “arising out of” is ambiguous and should be construed in favor of coverage.
Tri-Star Lodging, Inc. vs. Arch Specialty Insurance Company
Year: 2005
Court: U.S. Court of Appeals, 11th Circuit
Case Number: 06-13989-HH
Issue:
  • Right to Jury Trial
State:
  • Florida

The right to a jury trial as it applies to a claim of first-party breach of contract. The decision of the lower court should be reversed as an assault on the right to jury trial.
Amelia Island Company v. Amerisure Insurance Company
Year: 2009
Court: U.S. Court of Appeals, 11th Circuit
Case Number: 10-10960G
Issue:
  • Property Damage
State:
  • Florida

Whether the negligent installation of nondefective materials and components constitutes covered “property damage” under the standard CGL policy.