47 Fla. L. Weekly D1628a RKHUB LOGISTICS LLC, HUBBELL ENTERPRISES INC., and ROBERT KEITH HUBBELL, Appellants, v. EASTERN AUTO MOTOR CORP., Appellee. 4th District. Case No. 4D21-2665. August 3, 2022. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE19-023051. Counsel: Riley W. Cirulnick of Read More »
Articles
Insurance — Personal injury protection — Presuit demand letter — Presuit demand letter did not comply with statute where amount claimed to be due was not sufficiently precise — Although letter asked insurer to advise plaintiff if demand letter was defective in any way, nothing in language of section 627.736 requires an insurer to give notice to the insured or an assignee that a demand letter is defective
47 Fla. L. Weekly D1588b CHRIS THOMPSON, P.A. a/a/o ELMUDE CADAU, Appellant, v. GEICO INDEMNITY COMPANY, Appellee. 4th District. Case Nos. 4D21-1820 and 4D21-2310. July 27, 2022. Consolidated appeals from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Sandra Bosso-Pardo, Judge; L.T. Case No. 502018SC011039XXXXMB. Counsel: Douglas H. Stein of Douglas H. Read More »
Insurance — Homeowners — Coverage — Water damage — Tear out costs — Limitation of liability — Claim seeking payment for direct losses due to water damage caused by wear and tear on plumbing and payment for the cost of tearing out and repairing the portion of insured’s property needed for access to repair the plumbing system — The loss caused by water damage was excluded by the water damage exclusion endorsement — After excluding coverage for the water damage pursuant to the WDE endorsement, the policy then added limited coverage of $10,000 through the policy’s limited water damage coverage endorsement — As such, coverage for entirety of insured’s claims was limited to $10,000 pursuant to the policy’s LWD endorsement — Tear out costs are part of water damage loss and coverage for tear out costs is not provided for elsewhere in the policy — “Perils Insured Against” provision of the policy, which contains an accidental discharge or overflow of water exception to the policy’s exclusion of wear and tear coverage, does not provide coverage for tear out costs — A plain reading of the exception indicates that tear out coverage is included as part of the loss to property, unless the loss is excluded — Because the loss caused by water damage is excluded by the WDE endorsement, the loss, including tear out costs, is otherwise excluded in the policy, and thus, the exception does not provide coverage for tear out costs
47 Fla. L. Weekly D1591b ANGELO PANETTIERI, Appellant, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 4th District. Case No. 4D20-2624. July 27, 2022. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE-20-005074. Counsel: Mark A. Nation of The Nation Law Firm, LLP, Longwood, for appellant. Read More »
Attorney’s fees — Prevailing party — Appeal from order awarding attorney’s fees and costs and attorney’s fees for fees incurred in litigating amount of fees reversed in light of appellate court’s reversal of substantive portion of summary judgment on which awards were based and remand with instructions — Reversal is without prejudice to filing new appeal after trial court has concluded its labor
47 Fla. L. Weekly D1585a NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC., Appellant, v. ROBERT HARDING AND FIFTH HORIZONS CONDOMINIUM, INC., Appellees. 3rd District. Case No. 3D21-810. L.T. Case No. 16-27442. July 27, 2022. An Appeal from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge. Counsel: Scott J. Edwards, P.A., and Scott J. Edwards Read More »
Insurance — Homeowners — Water damage — Assignee’s action against insurer — Where insurer sent insured a letter unequivocally denying coverage, not because of insured’s failure to comply with policy provisions, but because, after inspection, it believed that roof leak on which claim was based was the result of “wear, tear and deterioration” not covered in policy, trial court erred in entering summary judgment in favor of insurer based on lack of compliance with insurance policy’s requirement that insured submit certain documentation to support the claimed loss
47 Fla. L. Weekly D1551a WATER RESTORATION GUYS, INC., a/a/o Felisa Sanchez, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case No. 3D21-0653. L.T. Case No. 18-8949-CC. July 20, 2022. An Appeal from the County Court for Miami-Dade County, Luis Perez-Medina, Judge. Counsel: Ramon Rodriguez & Blanco-Herrera, LLP, and Daniel J. Rodriguez; Kula & Read More »