46 Fla. L. Weekly D787a PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. VINCENT FARINATO and BERNADETTE FARINATO, Appellees. 4th District. Case No. 4D20-866. April 7, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE18-24427(09). Counsel: Joshua S. Beck of Beck Law, P.A., Boca Raton, Read More »
Articles
Insurance — Commercial liability — Exclusions — Assault and battery — Insurer had no duty to defend insured in action alleging injury arising out of assault and battery on insured’s premises where policy contained endorsement excluding coverage for injury arising out of or resulting from assault or battery
46 Fla. L. Weekly D778a SIERRA AUTO CENTER, INC., et al., Appellants, v. GRANADA INSURANCE COMPANY, et al., Appellees. 3rd District. Case No. 3D19-2388. L.T. Case No. 18-17283. April 7, 2021. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Wolfson Law Firm, LLP, and Jonah M. Wolfson, for Read More »
Insurance — Homeowners — Appraisal — Assignees — No error in finding that appraisal provision of insured’s homeowner’s policy applied to insured’s assignee and granting insurer’s motion to compel appraisal — Policy did not classify appraisal as a duty of the insured — Assignee received an assignment that entitled it to receipt of payment from insurer, and concomitant with that right was its duty to comply with the conditions of the contract that afforded it payment
46 Fla. L. Weekly D760h WEBB ROOFING & CONSTRUCTION, LLC, a/a/o JOHN LEFEVRE and LISA LEFEVRE, Appellant, v. FEDNAT INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D20-1881. April 7, 2021. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Collier County; Hugh D. Hayes, Judge. Counsel: Alex Finch of Fromang & Read More »
Insurance — Homeowners — Water damage — Post-loss obligations — Sworn proof of loss — Trial court erred in entering summary judgment in favor of insurer after finding that insureds had forfeited their policy coverage for failure to provide a sworn proof of loss — Policy did not eliminate duty of insured to provide sworn proof of loss where insurer opted to repair — However, because insureds complied to some extent with policy requirements, and policy required insurer to prove it was prejudiced by insureds’ failure to provide sworn proof of loss, material issues of fact remain
46 Fla. L. Weekly D715a ENRIQUE ARGUELLO and YAHOSKA ARGUELLO, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 4th District. Case No. 4D20-69. March 31, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE-19-003812 (09). Counsel: Steven E. Gurian of Marin, Eljaiek, Lopez, & Read More »
Insurance — Homeowners — Watercraft exclusion — No error in determining that watercraft exclusion in the insureds’ homeowners’ insurance policy precluded coverage for injuries sustained by a third party in a boating accident that occurred when the insured son, who had permission to use the boat from the insured father, allowed another third party to pilot the boat while intoxicated — The only applicable exception to the watercraft exclusion unambiguously states that the watercraft exclusion does not apply if the outboard engine or motor is not owned by an insured, and the boat and engine in this case were owned by the insured father — Severability clause, which provides that the policy “applies separately to each insured,” did not render watercraft exclusion ambiguous — Exceptions to the watercraft exclusion are not dependent on the insured who seeks coverage, but on the nature of the watercraft at issue
46 Fla. L. Weekly D718a ARTHUR AIELLO, MICHELLE AIELLO, and ARTHUR JOSEPH AIELLO, Appellants, v. ASI PREFERRED CORP., CARLYN FAGARASS, and RUSSELL BOURNE, Appellees. 4th District. Case No. 4D20-1078. March 31, 2021. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Barbara W. Bronis, Judge; L.T. Case No. 56-2019-CA-000443AXXXHC. Counsel: Jane Read More »