25 Fla. L. Weekly Fed. D41a Insurance — Homeowners — Sinkhole claim — Claim by insurer that insured building did not suffer “structural damage” as defined by statute — Where policy did contain a definition of “structural damage” or refer to the statutory definition, “structural damage” should be given its plain meaning as “damage to Read More »
Articles
Trial Court Order granting motion for extension of time to respond to Offer of Judgment / Proposal for Settlement
22 Fla. L. Weekly Supp. 132b Online Reference: FLWSUPP 2201LAHE Insurance — Attorney’s fees — Proposal for settlement — Enlargement of time for response TOTAL INJURY CHIROPRACTIC LLC, a/a/o JEAN CLAUDE LAHENS, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, County Civil Division. Case No. Read More »
Supreme Court upholds family vehicle exclusion within UM policy and concludes no UM coverage available to Class I insured injured as a passenger in family vehicle; Named insured’s waiver of stacking coverage binds all insureds
39 Fla. L. Weekly S647a Insurance — Uninsured motorist — Coverage — Insured injured while riding as passenger in insured vehicle being driven by permissive user — Family vehicle exclusion for uninsured motorist benefits does not conflict with section 627.727(3), Florida Statutes, when the exclusion is applied to a class I insured who seeks such Read More »
Homeowners’ Insurance — sinkhole loss — insured’s waiver of right to appraisal
39 Fla. L. Weekly D2195a Insurance — Homeowners — Sinkhole claim — Appraisal — Insureds waived right to appraisal by engaging in significant litigation activities for over a year after insurer had admitted coverage before moving to compel appraisal FLORIDA INSURANCE GUARANTY, ETC., Appellant, v. FRANK REYNOLDS AND TRACEY REYNOLDS, Appellees. 5th District. Case No. Read More »
Commercial property insurance — sinkhole coverage — interpretation of appraisal language in policy
39 Fla. L. Weekly D2190e Insurance — Commercial property — Sinkhole claim — Appraisal — Trial court erred in determining that appraisal clause in policy was unenforceable because policy provided that insurer retained right to deny claim following appraisal — Dispute over method of repair required to return property to its original state is subject Read More »