After a bad storm, a homeowner might notice damage to their property and assume that the weather was responsible. From the insurance company’s perspective, however, correlation does not necessarily mean causation. In other words, the evidence may show that the damage to the property was the result of normal wear and aging and not a […]

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Most Florida homeowner’s insurance policies contain an appraisal provision. This protects the insurance company’s right to have its own appraiser review a homeowner’s claim, including the ability to physically inspect the property itself. This, in turn, minimizes the risk to the insurer of paying out on a fraudulent or exaggerated claim. Florida Appellate Courts Reject […]

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On May 1, 2021, Florida courts adopted the summary judgment standard applicable in the federal courts, joining many other states that had already transitioned to the federal rule. In re Amendments to Fla. Rule of Civil Procedure 1.510, No. SC20-1490. The state amended Rule of Civil Procedure 1.510 to adhere to the federal summary judgment […]

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An insurance policy is a contract that must be interpreted according to its plain language. Under Florida law, a court must interpret an insurance policy “liberally in favor of the insured” and give the “broadest possible” effect to any clauses governing coverage. At the same time, an insurer is not obligated to indemnify any conduct […]

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As noted recently by the president of the Florida Association of Public Insurance Adjusters in the Sun Sentinel, the level of frustration currently felt by Florida policyholders is greater today than ever due to the number of hurricane insurance claims that are either egregiously delayed or denied. Indeed, this is frequently found to be in violation […]

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According to Florida officials, even though it has been nine-ten months since hurricane Michael struck, insurance companies have left more than 20,000 claims unpaid, which represents approximately 15 percent of all claims associated with the storm. This is shocking, given that, Florida law dictates that insurance companies are supposed to pay claims within 90 days […]

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A case that could have huge repercussions on insurance litigation and insurance bad faith claims is in particular against State Farm insurance could go in the direction for the insurance company, according to reports. Plaintiffs brought antitrust claims against the insurance company, State Farm, alleging that it conspired with software makers to undervalue damage to […]

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On July 15, a Florida Federal District Court made an important insurance bad faith litigation decision that involved a hurricane insurance claim. The court ultimately found that the insurance company must provide coverage to a limited number of locations when it comes to an outdoor grounds policy endorsement for a country club. The dispute involves […]

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During stressful times as going through divorce proceedings, it is common to let important issues and accounts, such as insurance coverage, fall by the wayside. However, during this time, it is extremely important to take a close look at any and all insurance policies in order to foresee whether your insurance policies may be impacted […]

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