47 Fla. L. Weekly D1647a ELIZABETH NESBITT, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D21-1126. L.T. Case No. 15-30190. August 3, 2022. An appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi, and Erin M. Berger (Tampa), for appellant. Bickford & […]
Articles
Insurance — Homeowners — Assignee’s breach of contract action against insurer — Attorney’s fees — Prevailing party — Insurer was not entitled to summary judgment in its favor after paying post-lawsuit appraisal award within time limit required by the policy where appraisal process confirmed that insurer had wrongly denied paying assignee a specified amount of benefits under the policy — Payment of postsuit appraisal award did not render case moot — Remand for further proceedings on assignee’s claim for attorney’s fees and costs
47 Fla. L. Weekly D1623a SYNERGY CONTRACTING GROUP, INC. a/a/o TERRY and PATRICIA CLARK, Appellant, v. FEDNAT INSURANCE COMPANY f/k/a FEDERATED NATIONAL INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D21-149. August 3, 2022. Appeal from the County Court for Pinellas County; John Carassas, Judge. Counsel: Andrew Graf, Celebration, for Appellant. Lara E. Breslow and David […]
Civil procedure — Summary judgment — Failure to state on the record the reasons for granting motion for summary judgment, as required by amended rule — Remand to allow court an opportunity to state reasons for its decision “with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review”
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 […]
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. […]
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. […]