Legal Updates

Homeowner’s FDUTPA Claim Fails for Lack of Evidence of Actual Damages

In Stuart Roofing, Inc. v. Thomas, 4D2022-2580, the Fourth District reversed and remanded for entry of directed verdict in favor of the roofer on the homeowner’s claim under the Florida Deceptive and Unfair Trade Practices Act because the insured failed

09/25/2023

A Dispute Regarding Additional Damage Arising From a Covered Loss is Ripe for Appraisal

In Heritage Property & Casualty Insurance Company v. Wellington Place HOA, Inc., No. 4D2022-2749 (Fla. 4th DCA September 13, 2023), the Insureds claimed roof damage following Hurricane Irma. The Insurer provided coverage for the loss but did not settle or

09/20/2023

General Allegations of Waiver of Conditions Precedent Must be Addressed in a Motion to Dismiss

In Haratz, DDS, P.A. v. Dental Team of Atlantis, LLC, No. 4D2022-3228 (Fla. 4th DCA September 13, 2023), the Fourth District reversed the trial court’s order of dismissal with prejudice, holding that where a complaint generally alleges that all conditions

09/19/2023

Third District Court Holds that Plain Language Meaning of Policy Term “reside” Should be Resolved on Directed Verdict

Universal Prop. & Cas. Ins. Co. v. Gonzalez-Perez In Gonzalez-Perez, the insured filed a claim under a policy that provides coverage for vandalism to the “residence premises.” The policy defined “residence premises” as the premises “where you reside and which

08/16/2023

4th DCA Finds Engineering Report Not Covered Under Policy’s Loss Settlement Provision

In People’s Trust Ins Co v. Kidwell Group LLC, Case No. 4D22-1314 (Fla. 4th DCA Jun. 28, 2023), involving a hurricane damaged roof, the homeowner obtained an engineering report on cause and extent of damages in exchange for an assignment

07/03/2023

4th DCA Finds Homeowners Presented No Evidence Ceiling Collapse Was Caused By Named Peril

In Universal Property & Casualty Ins. Co. v. Caboverde, Case No. 4D22-1059 (Fla. 4th DCA June 28, 2023), the Fourth DCA reversed final judgment for homeowners on a ceiling collapse claim after jury trial where they failed to prove collapse

06/30/2023

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