Miami Insurance Claims and Personal Injury Blog
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Federal Court Finds Insurer’s Duty to Defend Not Triggered by Alleged “Disparagement” A Federal Court recently applied Florida Law and ruled that an insurer’s duty to defend is not triggered by alleged “Disparagement” in breach of confidential settlement. -
Title Insurance Company Subject to Higher Standard Under Reservation of Rights Our Miami insurance attorneys reports how a court finds a title insurance company is subject to a higher standard in order to avoid a bad faith claim under a Reservation of Rights. -
No Right to Payment for Sub-Surface Repairs or Prejudgment Interest in Sinkhole Case Court rules that there was no right to payment for sub-surface repairs and or prejudgment interest where the insured failed to execute contract to rectify sinkhole activity. -
2nd DCA of Florida Upholds Right of Policyholder Our Miami insurance claims attorney discusses a case where the 2nd DCA of Florida upholds the right of a policyholder to assign benefits to a water mitigation company. -
Citizens Property Insurance Allegations of Arson and Fraud Backfires Citizens Property Insurance alleged arson and fraud to deny a fire damage claim resulting in a homeowner being awarded a 1.5 multiplier for attorney fees. -
Court Rejects Defense of Bad Faith Allegations Due to Trial Judge’s Failure to Focus on the Conduct of the Insurer A court rejected the defense of bad faith allegations due to the disapproval of a trial judge’s failure to focus on the conduct of the insurer during settlement negotiations. -
Court Upholds Denial of Condominium Association’s Hurricane Damage Claim Based on Late Notice A Florida court upholds the denial of a condominium association’s hurricane damage and provides guidance on how Florida courts analyze the timeliness of notice. -
Shifting the Burden Under an “All-Risk” Homeowner’s Policy. Florida Court Analyzes Shifting Burden between Policyholder and Insurance Company under All-Risk Policy -
Court Permits Insurer to Rescind Policy Based on Innocent Misrepresentation A court allows insurer to rescind policy due to an innocent misrepresentation and why understanding complex insurance policy interpretation principles is key. -
Obstacles in Pursuing First-Party Bad Faith Insurance Claims A recent court decision demonstrates the challenging obstacles in pursuing a first-party bad faith insurance claim in Florida and how we can help you. -
Court Rules No Right to Payment for Sinkhole Damage Without Contract for Repairs Our attorney reports that a court ruled there was no right to payment for sub-surface repairs and or prejudgment interest where the insured failed to execute a contract to rectify sinkhole activity. -
Title Insurance Company Subject to Higher Standard to Avoid Bad Faith Claim Our Miami insurance claims attorney reports that a court ruled that a title insurance company is subject to a higher standard to avoid bad faith claim under a Reservation of Rights. -
Duty to Defend Not Triggered by Alleged “Disparagement” in Breach of Confidential Settlement Our Miami insurance attorney reports that a federal court applying Florida Law finds that an insurer’s duty to defend was not triggered by alleged “Disparagement” in a breach of confidential settlement. -
Insurance Disputes over Water Intrusion and Wind Damage After a Hurricane or Tropical Storm Our Miami hurricane claims attorney discusses Florida insurance disputes over water intrusion and wind damage in the wake of a hurricane or tropical storm. -
Homeowner’s Claim Denied for Defense and Indemnity for Negligent Entrustment of Firearm Our Miami homeowner's insurance claims lawyer reports that a Florida Appellate Court denied a homeowner’s claim for defense and indemnity for negligent entrustment of a firearm. -
Florida 2nd DCA Decision Reaffirms Policyholder’s Right to Assign Post-Loss Benefits Our Miami insurance law firm discusses how the Florida 2nd DCA decision reaffirms a policyholder’s right to assign post-loss benefits. -
Court Finds Homeowner Waived Right to Appraisal by Engaging in Extensive Litigation after Insurer Conceded Coverage Our Miami insurance law firm discusses how a court finds that homeowner waived their right to an appraisal by engaging in extensive litigation after insurer conceded coverage. -
Bad Faith Insurance Claim Ripe after Determination of Liability and Damages in Appraisal Our Miami insurance bad faith attorney reports that a Florida court rules that a bad faith insurance claim is ripe after a determination of liability and damages in appraisal. -
Ambiguity in Policy Mandates Definition of “Occurrence” Our Miami insurance claims lawyer discusses how the ambiguity in a policy mandated a definition of “Occurrence” to mean dog bites suffered by multiple victims to constitute distinct occurrences. -
2nd DCA of Florida Upholds Right of Policyholder to Assign Benefits to Water Mitigation Company Our Miami insurance claims attorney discusses how the 2nd DCA of Florida upheld the right of a policyholder to assign benefits to water mitigation company.