Legal Analysis Archives | Struble, P.A.

Category: Legal Analysis

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 […]

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 […]

New 4th DCA Opinion on CRN Sufficiency

Dec 13, 2022 | Category Articles, Insurance Claims, Legal Analysis, News | By STRUBLE

Dismissal Order in Bad Faith Case Reversed Following a water loss causing extensive water damage to the floors, walls, baseboards, and other building components from a failed shower pan in the master bathroom, Yuval Lugassy and Susan Lugassy (“the Homeowners”) submitted a claim to United Property and Casualty Insurance Company […]

Analyzing the CRN

Nov 28, 2022 | Category Articles, Legal Analysis, News | By STRUBLE

What Do Florida Courts Think About Throwing In the Kitchen Sink? Florida’s Fifth District Court of Appeal has spoken on the hot topic of CRN sufficiency and the requisite level of specificity. On November 14, 2022, it decided whether the trial court’s entry of final summary judgment in favor of […]

Appellate Win – Supplemental Claim Not Barred By Accord and Satisfaction

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 […]

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