47 Fla. L. Weekly S93a TRIBECA ASSET MANAGEMENT, INC., Petitioner, v. ANCLA INTERNATIONAL, S.A., Respondent. Supreme Court of Florida. Case No. SC21-24. March 24, 2022. Application for Review of the Decision of the District Court of Appeal Direct Conflict of Decisions. Third District — Case No. 3D18-1078 (Miami-Dade County). Counsel: Rebecca M. Plasencia, Adolfo E. […]
Articles
Insurance — Personal injury protection — Deductible — Trial court erred in awarding damages to medical provider/assignee where entire amount billed for provider’s single claim was within insured’s deductible
47 Fla. L. Weekly D638b ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Appellant, v. SPORTS, SPINE, OCCUPATIONAL, REHABILITATION, INC., a/a/o JUNE RICHARDS, Appellee. 4th District. Case No. 4D21-817. March 16, 2022. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Steven DeLuca, Judge; L.T. Case No. CONO 16-003651. Counsel: Daniel E. Nordby and […]
Insurance — Homeowners — Hurricane damage — Coverage — Water intrusion — Cause of loss — Evidence — Experts — Trial court erred in entering summary judgment for insurer in insureds’ breach of contract action — Insureds’ expert, a general contractor, provided sufficient evidence to introduce genuine issue of material fact as to whether hurricane force winds created openings in roof to allow water to enter interior, creating damage covered by windstorm policy
47 Fla. L. Weekly D649a MAGDIEL MORALES, et al., Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case No. 3D21-276. L.T. Case No. 19-24251. March 16, 2022. An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge. Counsel: Behnejad Law PLLC, and Ruzy Behnejad and Richard Rafuls, for appellants. Lewis Brisbois Bisgaard […]
Insurance — Homeowners — Bad faith — Civil remedy notice — Cure period — Tolling — Appraisal — Error to enter summary judgment in favor of insurer in first-party bad faith action based on finding that cure period under section 624.155 was tolled pending the filing of appraisal award — Section 624.155 does not include any language modifying or creating an exception to the mandatory sixty-day cure period when an insurer invokes appraisal or fails to pay damages because a condition precedent to payment under the policy has not been fulfilled — Insurer’s invocation of the appraisal process and its payment of the appraisal award after the expiration of the sixty-day cure period on civil remedy notice did not, as a matter of law, cure the alleged bad faith — Policy language withholding payment until the fulfillment of a condition precedent to payment, which in this case was completion of the appraisal process, does not absolve insurer of its statutory duty to comply with section 624.155
47 Fla. L. Weekly D633b GERALD WILLIAMS, Appellant, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D20-2092. March 16, 2022. Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge. Counsel: George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa; and Kelly L. Kubiak of Merlin Law […]
Torts — Proposal for settlement — Attorney’s fees — Ambiguous proposal — Action involving initial proposal which was directed to both defendants and a subsequent proposal served on only one defendant — Defendants’ rejection of initial offer did not entitle plaintiff to fee award — Initial proposal was fatally amorphous where it did not demand that the defendants consent to a judgment in the amount specified, require defendants to pay that sum, specify when payment must be made, or obligate plaintiff to dismiss his claims upon receipt of payment — Plaintiff entitled to fees from date of second proposal, but only as to the defendant it was served upon
47 Fla. L. Weekly D633a NANCY WARD HARRIS and WILLIAM LOUIS HARRIS, Appellants/Cross-Appellees, v. RICHARD TINER, Appellee/Cross-Appellant, and METROPOLITAN GENERAL INSURANCE COMPANY, Appellant/Cross-Appellee, v. RICHARD TINER, Appellee/Cross-Appellant. 2nd District. Case Nos. 2D20-2290 and 2D20-2313. (Consolidated) March 16, 2022. Appeal from the Circuit Court for Lee County; James R. Shenko, Judge. Counsel: Jesse R. Butler of […]