46 Fla. L. Weekly D1929a MARCUS MAY, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D18-5153. August 26, 2021. On appeal from the Circuit Court for Escambia County. Thomas V. Dannheisser, Judge. Counsel: William R. Ponall of Ponall Law, Maitland, and Whitney S. Boan of Whitney S. Boan, P.A., Orlando, for Appellant. Ashley […]
Articles
Insurance — Homeowners — Water damage — Trial court erred in granting summary judgment in favor of insurer in action brought by homeowner after insurer denied claim for damage caused by water pouring from roof through ceilings and walls of home on ground that damage was not result of covered peril — There was genuine issue of material fact as to what damaged roof of home and whether opening in roof was created by a windstorm, which was a covered peril
46 Fla. L. Weekly D1877b CARLOS VEGA, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D19-2214. L.T. Case No. 16-9441. August 18, 2021. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Giasi Law, P.A., Melissa A. Giasi and Erin M. Berger (Tampa), for appellant. Cole Scott […]
Insurance — Homeowners — Misrepresentations on application — Trial court properly entered summary judgment for insurer in insureds’ action against insurer on basis that insureds failed to report two prior claims for water damage — Although insurer did not plead misrepresentation as affirmative defense, raising issue for first time in motion for summary judgment, issue was tried by consent — Omission on application was material where insurer would not have issued policy had it known of the prior claims — Insurer did not waive right to rescind policy by its post-loss actions
46 Fla. L. Weekly D1869b JERMAINE NEMBHARD and DONNETTE NEMBHARD, Appellants, v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D20-1383. L.T. Case No. 17-1852. August 18, 2021. An Appeal from the Circuit Court for Miami-Dade County, Martin Zilber, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger […]
Insurance — Homeowners — Coverage — Claims in excess of limits — Accord and satisfaction — Error to enter summary judgment in favor of insurer based on conclusion that check issued by insurer in amount of coverage limits constituted a valid accord and satisfaction where check did not include conspicuous statement that it was tendered in full satisfaction of claim — Although insurer sent additional correspondence with the check, language of correspondence stated only that insurer did not receive or approve a request to exceed limits as required by the policy, and did not include a statement that no further benefits would be payable or that amount of check was the maximum amount payable — No error in granting summary judgment in favor of insurer based on affirmative defense that insurer paid maximum amount due under the policy — Plaintiff failed to request that insurer allow it to exceed the policy limit before submitting invoice for completed work as policy required, and insurer paid policy limit to plaintiff
46 Fla. L. Weekly D1865a CERTIFIED PRIORITY RESTORATION a/a/o CHERYL COAKLEY, Appellant, v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, Appellee. 4th District. Case No. 4D21-374. August 18, 2021. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case Nos. 502019CC003953XXXXMB and 502020AP000026CAXXMB. Counsel: Gray R. Proctor […]
Insurance — Personal injury protection — Deductible — Appeals — Absence of transcript — Trial court erred in granting summary judgment in favor of insurer in case involving proper application of policy deductible — Although there is no transcript of pre-trial conference where ruling was made, error is apparent on face of record where explanation of review documents submitted by insurer show that insurer applied the fee schedule authorized by 627.736(5)(a)1.f. to total charges before applying PIP deductible
46 Fla. L. Weekly D1817a NORTH BROWARD CHIROPRACTIC AND WELLNESS CENTER, INC. a/a/o CRISTINA CORRIDORI, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-328. August 11, 2021. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; John D. Fry, Judge; L.T. Case No. CONO18-7121, CACE19-5560. Counsel: Michelle J. Kane […]