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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Insurance — Homeowners — All-risks policy — Roof — Coverage — Directed verdict — Trial court erred by granting insurer’s motions for directed verdict based on conclusion that insurer had paid the actual cash value of the loss as required by policy in the amount of the only actual cash value estimate, and that no further payment was required because no additional work was performed or expenses incurred — Trial court erred in finding that insureds’ estimate was not an ACV estimate because it included costs for matching roof tiles, costs incidental to the repair and construction process, and costs for compliance with the building code’s 25% rule — Because policy at issue contains ordinance and law coverage which required insurer to cover costs incurred as a result of any ordinance that requires them to replace “the portion of the undamaged part of a covered building,” and there was evidence presented that building code required full roof replacement, trial court should have accepted insureds’ estimate as an ACV estimate — Parties’ disputes regarding scope of home damage, percentage of the roof that was damaged, and the cost to repair the damages were factual disputes that should have been submitted to the jury — Trial court erred in finding that, once insurer paid ACV for the loss, less the deductible, it was not required to make any further payments because the insureds did not begin to replace their roof before filing suit — Where an insurer denies coverage entirely, neither the policy nor section 627.7011 prevents an insured from seeking damages for breach of contract — Court rejects argument that, in order to recover for roof replacement, insured must first pay for the full roof replacement and provide a copy of their payment to insurer — Trial court erred in finding that insurer had satisfied its obligations under policy because insureds did not provide insurer with acceptable estimate — Because policy did not require insureds to provide an ACV estimate and insured undisputedly provided insurer with an estimate for repairs, insureds satisfied their obligations prior to filing suit

50 Fla. L. Weekly D2307a CLIFTON WESTON and VALONA WESTON, Appellants, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D2024-1340. October 24, 2025. Appeal from the Circuit Court for Pasco County; Alicia Polk, Judge. Counsel: Barbara M. Hernando, Dean Makris and Gabriel F. Torre of Makris & Mullinax, P.A., Tampa, for […]

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Attorney’s fees — Hours expended — Hourly rate — Reasonableness — Appeals — Preservation of issue — Judgment awarding attorney’s fees against appellant without including factual findings required by Florida Patient’s Compensation Fund v. Rowe is affirmed — Because appellant did not file a motion for rehearing under rule 1.530 challenging the lack of factual findings, claim was not preserved for appellate review — Rowe’s required factual findings in attorney’s fees final judgments are “findings of fact” under rule 1.530(a) as amended in 2023

50 Fla. L. Weekly D2315a DAVID PLATT, Appellant, v. CAPE MARINE SERVICES, INC., d/b/a Cape Marina, Appellee. 5th District. Case No. 5D2024-2990. L.T. Case No. 05-2022-CC-27213. October 24, 2025. On appeal from the County Court for Brevard County. Kenneth Friedland, Judge. Counsel: Serena Kurtz, of Kubicki Draper, Tampa, for Appellant. Eric L. Hostetler and Scott […]

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Insurance — Coverage — Attorney’s fees — Proposal for settlement — No error in determining that insurer was entitled to attorney’s fees and costs pursuant to its proposal for settlement — Proposal was enforceable where indemnification provision was not ambiguous and did not conflict with release — Amount — Hearing — Trial court violated insured’s due process rights by entering monetary award for fees where amount of award was not noticed to be heard at hearing on issue of entitlement to fees

50 Fla. L. Weekly D2278b HENRY VEGA, Appellant, v. GEOVERA SPECIALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D2024-1397. October 22, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE-17-007442. Counsel: Melissa A. Giasi of Giasi Law, P.A., Tampa, for appellant. Maureen G. […]

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Torts — Automobile accident — Damages — Future medical expenses — Evidence — Expert — Treating physician — Trial court erred by allowing treating physician to offer his detailed opinion regarding plaintiff’s future medical expenses where, although physician’s witness disclosure referenced costs and future medical care, physician was not disclosed as a retained expert and plaintiff had failed to respond to expert discovery regarding treating physician — Treating physician’s opinions as to plaintiff’s future medical treatment and costs, including opinions based on his review of plaintiff’s medical records from other providers, exceeded the scope of a fact witness treating physician and crossed the line into expert testimony — Error in admitting evidence was not harmless — Fact that treating physician only transcribed his opinions concerning future treatment costs two days before he testified does not excuse the nondisclosure — Assuming treating physician truly developed these opinions in the course of treatment as he testified, then plaintiff had every opportunity to ensure that physician’s opinions were contained in medical records or otherwise properly disclosed — Court rejects plaintiff’s argument that opinion was properly admitted because defendant had opportunity to depose physician regarding his opinions on future medical care, but failed to do so — Based on the records disclosed, there was no reason for defendant to believe that treating physician would take the stand prepared to offer detailed projection of plaintiff’s future treatment costs — Remand for new trial

50 Fla. L. Weekly D2282d KRISTOPHER RICHARDSON, Appellant, v. DAERI TENERY, Appellee. 6th District. Case No. 6D2023-2853. L.T. Case No. 2018-CA-013196-O. October 21, 2025. Appeal from the Circuit Court for Orange County. Vincent Falcone, III, Judge. Counsel: Kevin D. Franz, of Boyd & Jenerette, P.A., Boca Raton, and Jennifer A. Karr, of Boyd & Jenerette, […]

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Insurance — Uninsured motorist — Evidence — Expert — Damages — Trial court did not abuse its discretion by excluding insurer’s expert under Binger v. King Pest Control — Trial court erred by entering judgment in an amount which exceeded underlying uninsured motorist policy — Judgments in uninsured motorist cases may not be entered in an amount exceeding policy limits

50 Fla. L. Weekly D2267a GEICO GENERAL INSURANCE COMPANY, Appellant, v. PATRICK N. YVARS, Appellee. 6th District. Case No. 6D2023-3281. L.T. Case No. 2020-CA-003972-O. October 17, 2025. Appeal from the Circuit Court for Orange County. Heather Pinder Rodriguez, Judge. Counsel: Sharon C. Degnan, of Kubicki Draper, Orlando, for Appellant. Brian J. Lee, of Morgan & […]

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