Jul 5, 2022 | Category Articles, Legal Analysis | By STRUBLE
Lemon v. People’s Trust Insurance Company On June 3, 2022, the Fifth District Court of Appeal reversed a final judgment in favor or the insurer based on a defense of Accord and Satisfaction. Lemon v. People’s Tr. Ins. Co., 5D21-2771, 2022 WL 1814128 (Fla. 5th DCA June 3, 2022). The insurer issued […]
Read MoreFeb 26, 2015 | Category Legal Analysis | By STRUBLE
On February 13, 2015 the Fifth District Court of Appeal held in Liberty Mutual Fire Insurance Company v. Martinez that damage to a pool deck, rock garden, and waterfall was not an ensuing-loss. During a tropical storm, the insured partially emptied his in-ground swimming pool because it was overflowing. During the storm […]
Read MoreDec 22, 2014 | Category Legal Analysis | By STRUBLE
Cincinnati Insurance Company v. Cannon Ranch Partners, involved the denial of a motion to compel the appraisal of a property damaged by a sinkhole. There was a dispute between the insurer and the insured concerning a sinkhole loss. The 2nd DCA explained that “in evaluating the amount of loss, an appraiser […]
Read MoreOct 17, 2014 | Category Legal Analysis | By STRUBLE
The Fifth District Court of Appeal recently held in Heylin v. Gulfstream Property & Casualty Insurance Company that the insurance policy’s severability clause and the intentional-act exclusion created an ambiguity that requires that the insurance policy be resolved in the insured’s favor. A copy of the decision can be accessed here. As […]
Read MoreOct 7, 2014 | Category Legal Analysis | By STRUBLE
On September 17, 2014 the Fourth District Court of Appeal explained that a trial court can abate a bad faith action that is brought before an underinsured motorist claim is resolved. A full copy of the Safeco Insurance Company of Illinois v. Beare opinion can be accessed here. Unlike other claims, a […]
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