50 Fla. L. Weekly D2422a Torts — Premises liability — Trip and fall — Open and obvious danger — Duty to maintain — Trial court erred by granting summary judgment in defendant’s favor based on finding that hazard over which plaintiff tripped was open and obvious — Fact that hazard was open and obvious did Read More »
Uncategorized
Insurance — Homeowners — Coverage — Conditions precedent — Presuit notice — Insured’s action against insurer — Trial court erred by denying insurer’s motion to dismiss asserting that insured failed to provide pre-suit notice of intent to initiate litigation — Section 627.70152(3) applies to policies issued before the statute’s effective date — Post-loss obligations — Prompt notice — Waiver — Trial court erred by granting insured’s motion for directed verdict on insurer’s late-notice defense based on finding that insurer had waived argument by raising alternative affirmative defenses — A party is permitted to plead multiple defenses in the alternative — Insurer was entitled to raise late notice defense where defense was properly listed in its affirmative defenses and there was ample evidence to support defense
50 Fla. L. Weekly D2407d UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. MARIE SUFFRAT, Appellee. 3rd District. Case No. 3D23-2263. L.T. Case No. 21-22216-CA-01. November 5, 2025. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge. Counsel: LINK & ROCKENBACH, PA, and David A. Noel and Kara Rockenbach Link (West Read More »
Insurance — Homeowners — Coverage — Attorney’s fees — Prevailing party — Confession of judgment — Trial court erred by denying insureds’ motion for attorney’s fees under section 627.428 — Insurer’s payment of appraisal amount after insureds had filed suit constituted a confession of judgment, entitling insureds to attorney’s fees under statute — Fact that suit was filed prior to request for appraisal was irrelevant — Court rejects argument that suit was unnecessary because insureds “raced to courthouse” rather than informing insurer that they disagreed with its damage valuation — Record established that insurer would have taken no further action on the claim without insureds filing suit
50 Fla. L. Weekly D2427a JOHN CHUN and JOY CHUN, Appellants, v. CASTLE KEY INDEMNITY COMPANY, Appellee. 2nd District. Case No. 2D2024-1891. November 7, 2025. Appeal from the Circuit Court for Pasco County; Alicia Polk, Judge. Counsel: Amanda Sidman and James Streeter Jenkins, III, of Jenkins Law, P.L., St. Petersburg, for Appellants. David W. Molhem Read More »
Insurance — Homeowners — Coverage — Conditions precedent — Presuit notice — Insured’s action against insurer — Trial court erred by denying insurer’s motion to dismiss asserting that insured failed to provide pre-suit notice of intent to initiate litigation — Section 627.70152(3) applies to policies issued before the statute’s effective date — Post-loss obligations — Prompt notice — Waiver — Trial court erred by granting insured’s motion for directed verdict on insurer’s late-notice defense based on finding that insurer had waived argument by raising alternative affirmative defenses — A party is permitted to plead multiple defenses in the alternative — Insurer was entitled to raise late notice defense where defense was properly listed in its affirmative defenses and there was ample evidence to support defense
50 Fla. L. Weekly D2407d UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. MARIE SUFFRAT, Appellee. 3rd District. Case No. 3D23-2263. L.T. Case No. 21-22216-CA-01. November 5, 2025. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge. Counsel: LINK & ROCKENBACH, PA, and David A. Noel and Kara Rockenbach Link (West Read More »
Insurance — Liability — Underground storage tanks — Coverage — Surplus lines insurer was not required to cover an accidental release of petroleum from an underground storage tank owned by insured under storage tank liability insurance policy covering cleanup costs of pollution conditions caused by UST discharge — Insurer was absolved from any duty to defend or indemnify insured under policy where claims-made policy included notice provision requiring insured to notify insurer not more than seven days after insured first became aware of a pollution condition which may result in a claim or proceeding to impose an obligation on insured for cleanup costs, insured breached the notice provision by failing to provide timely notice, and insured did not rebut the presumption of prejudice to insurer under Florida law — In the absence of state-law precedent, appellate court presumed that Florida courts would adopt and apply the majority view on application of notice-prejudice rule which establishes that when an insured provides notice within policy period of a claims-made policy and breaches only the requirement that the insured also provide notice within specified period of time, coverage is not automatically lost — Applying the notice-prejudice rule, because insured failed to rebut the presumption of prejudice under Florida law, district court correctly granted summary judgment to insurer based on insured’s breach of seven-day notice provision
31 Fla. L. Weekly Fed. C529a L. SQUARED INDUSTRIES, INC., Plaintiff-Appellant, v. NAUTILUS INSURANCE COMPANY, Defendant-Appellee. 11th Circuit. Case No. 23-13031. October 15, 2025. Appeal from the U.S. District Court for the Middle District of Florida (No. 3:21-cv-01104-BJD-PDB). (Before JORDAN, LAGOA, and TJOFLAT, Circuit Judges.) (PER CURIAM.) This case is about whether Nautilus Insurance Co. Read More »