Category Archives: Insurance Litigation
Sinkholes, Property Damage, And Insurance Claims
Sinkhole damage can be extremely expensive, and because of Florida’s unique geology, compared to other US states, sinkholes happen more often than they do in other areas of the country. Because of this, there are specific regulations and laws when it comes to assessing sinkhole damage and obtaining compensation through insurance claims. Insurance companies… Read More »
Who Files A Property And Casualty Claim?
As an insurance policyholder, there may come a time when you file a property and casualty claim. Essentially, property and casualty law in Florida is the body of law that governs the legal rights and responsibilities of insurers and their policyholders when it comes to property and casualty insurance coverage within the state. If… Read More »
Federal Court Rules Florida Businesses Not Entitled To Insurance Coverage For COVID-19 Losses
The COVID-19 pandemic created widespread–and unprecedented–disruption to Florida’s economy. Many businesses suffered a severe drop in revenue and were forced to temporarily or permanently close their doors. This, in turn, spawned a wave of business lawsuits against insurance companies who denied claims under “all-risk” commercial insurance policies. Commercial Policies Required “Physical” Damage to Property… Read More »
The Role Of Declaratory Judgments In Florida Insurance Litigation
Insurance companies will often seek declaratory judgments to determine their obligations under a particular policy. For example, if someone is injured on another person’s property, the company that insures the property owner may seek a declaratory judgment that it has no duty to defend or indemnify that owner should they be sued. Keep in… Read More »
When Can A Policyholder Demand An Appraisal?
In Florida insurance law, an appraisal provides a means of resolving a dispute between the insurer and the policyholder regarding the amount of a covered loss. Appraisal is not meant to resolve whether a claim is insurable to begin with. Rather, it provides a way to arbitrate the question of how much the insurer… Read More »
Can You Sue An Insurance Company For “Unjust Enrichment”?
Policyholders are understandably upset when an insurance company denies their claim for coverage. This can lead to litigation, typically for breach of contract. But what about other equitable legal remedies? For instance, can you sue an insurer in Florida for unfair trade practices or “unjust enrichment”? Federal Court Rejects Lawsuit Over Travel Insurance Policy… Read More »
Does Florida’s New “Pre-Suit” Requirement For Insurance Disputes Apply Retroactively?
Last year, the Florida legislature adopted significant changes to the state’s property insurance laws. Among these amendments are a new requirement that commercial or residential policyholders file a notice with the state before suing an insurance company over its denial of a claim. This pre-suit notice must be given “at least 10 business days”… Read More »
What You Need To Know About Hurricane Deductibles In Florida
As another hurricane season approaches here in Florida, it is a good idea for all homeowners to review their insurance coverage and understand what damages may–or may not be–covered by a storm. All insurance policies contain some form of deductible. But many policies that cover windstorm damage will also include a separate “hurricane deductible.”… Read More »
What To Do If A Court Issues A Default Judgment Against You In A Florida Insurance Case
As a general legal principle, if somebody files a lawsuit against you, and you fail to respond in any way, the trial court has the authority to enter a default judgment for the plaintiff. But even after a default judgment is entered, the defendant can still ask to set it aside based on grounds… Read More »
Can A Personal Injury Plaintiff Challenge A “Duty To Defend” Decision Involving The Defendant’s Insurance Company?
Insurance companies often take a proactive stance when asserting they do not have a “duty to defend” or cover a particular policyholder. This normally takes the form of asking a judge to issue a declaratory judgment stating as such. Obviously, the insured party may not be happy with such a judgment. But what about… Read More »