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: AppraisalScope 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: AppraisalScope 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 RegulationsRight 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: AmbiguityCoveragePollution 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 InjuryDuty 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.