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Fourth DCA Asks Florida Supreme Court to Decide Whether Parties Must Know Who Will Replace a Juror Struck by a Peremptory Challenge

In Clarck Paul v. State, 4D2023-2680, (Fla. 4th DCA March 26, 2025), the defendant challenged his conviction for first degree murder on grounds that the

03/28/2025

Fourth DCA Confirms Parties Must Strictly Comply With Rule 1.820 to Reject Non-binding Arbitration Award

In People’s Trust Insurance Company v. Hernandez, 4D2024-3274 (Fla. 4th DCA March 26, 2025), the Fourth District held that a party seeking to reject a

03/28/2025

Business Interruption Coverage in COVID-19 Pandemic Requires “Direct Physical Loss”

In Fontainebleau Fla. Hotel, LLC v. Westchester Surplus Lines Ins. Co., No. 3D23-1264 (Fla. 3d DCA Mar. 19, 2025), the Third District held that business

03/24/2025

Fifth District Holds Florida Tort Reform Limitations on Medical Expenses Are Not Retroactive

In Eli Wolf v. Exylena Williams, No. 5D2023-3234 (Fla. 5th DCA Nov. 25, 2024), the Fifth District Court of Appeal affirmed a Duval County trial

11/26/2024

Florida Supreme Court Holds Insurers Have No Cause of Action to Sue Under Motor Vehicle Repair Act

In Government Employees Insurance Company v. Glassco, Inc., No. SC2023-1540 (Fla. Sept. 25, 2024), the Florida Supreme Court held that the Florida Motor Vehicle Repair

09/25/2024

Third DCA Clarifies Pre-Suit Notice Requirements for First-Party Property Insurance Claims

On September 4, 2024, the Third District Count of Appeal issued its opinion in Citizens Property Insurance Corporation v. Cheria Walden, which granted a writ

09/09/2024

Insureds Not Entitled to Damages for Estimated Property Repair Costs if Repairs Are Not Made or Costs Incurred

In Univ. Prop. & Cas. Ins. Co. v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA July 24, 2024), the Fourth District reversed a final judgment awarding damages

08/06/2024

Fourth District Requires Strict Compliance With Arbitration Statute, Receding From Precedent

Under section 44.103(5), Fla. Stat. (2021), “An arbitration decision shall be final if a request for trial de novo is not filed within” 20 days

07/24/2024

First DCA Holds UM Insurer Need Not Plead Tortfeasor Setoff As Affirmative Defense

In Hale v. Geico General Insurance Company, Caryn Bellus and Ben Carter obtained an affirmance of a final judgment for Geico in an underinsured motorist

06/11/2024

Witness’ Review of Claims File Materials to Refresh Recollection During a Deposition Waives Privilege

In Hamilton v. Citizens Prop’y Ins. Corp., No. 3D23-1934 (Fla. 3d DCA May 1, 2024), Citizens procured a protective order allowing its corporate representative to use

05/03/2024