Articles Archives | Struble, P.A.

Category: Articles

New 4th DCA Opinion: Providing Late Notice of Right to Mediation Contravenes the Purpose of the Statute But Early Notice May Not

May 10, 2023 | Category Articles, Insurance Claims, Legal Analysis | By STRUBLE

A recently issued Opinion from the Fourth District Court of Appeal reviews whether providing notice of the right to mediation prior to a dispute waives the right to appraisal. In Grnja v. People’s Trust Insurance Company, after the insureds submitted their claim for damage sustained Dec 2021, People’s Trust (PTI) […]

STRUBLE, P.A. Keeps The Faith 💫

Apr 18, 2023 | Category Articles | By STRUBLE

On April 13, 2023, The Eleventh Circuit affirmed our client’s position that an insurance company cannot deny a claim based on an exclusion it never included in the insurance policy that it issued to its insured. Eleventh Circuit Court Judge Newsom started the opinion, which you can find here, by saying, “This is an insurance case. […]

Florida’s Judicial Ethics Advisory Committee Issues Opinion Regarding Judges Presiding Over Insurance-Related Cases Who Have Also Filed A Hurricane Insurance Claim

Feb 6, 2023 | Category Articles, Insurance Claims, Legal Analysis | By STRUBLE

Florida’s Judicial Ethics Advisory Committee issued an opinion concerning Florida judges presiding over hurricane-related civil insurance cases who have also submitted a hurricane-related insurance claim. Under what circumstances must judges disclose and/or recuse themselves from hurricane-related cases when they have filed an insurance claim with an insurance company that also […]

Order Reversed Because Court Found No Prior Dispute

Jan 18, 2023 | Category Articles | By STRUBLE

Was There a Breakdown in the Claims Adjusting Process? Was the Suit a Necessary Catalyst? On January 11, 2023, Florida’s Fourth District Court of Appeal reversed an order granting the insured attorney’s fees and costs associated with his suit for breach of insurance contract because it found the insured never […]

New 3rd DCA Opinion – Order Compelling Arbitration Reversed

Dec 16, 2022 | Category Articles, Insurance Claims, Legal Analysis, News | By STRUBLE

Order Reversed Due To Untimely Demand By Insurer This one is short but sweet! In this opinion, the policy of insurance contained a provision that required “[t]he request for arbitration must be filed within one (1) year of the date of loss or damage” but also that “[a]ny controversy or […]

Insurance Claim Blog