Insurance Claim Blog

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 […]

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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 […]

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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 […]

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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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On September 17, 2014 the Fourth District Court of Appeal held in Geico General Insurance Company v. Kelly Paton that the amount of an underlying final judgment cannot be challenged by an insurer in a first-party bad faith action brought by an insured against an underinsured motorist carrier.  A full copy of […]

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