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 the claims file to refresh his recollection during his deposition without waiving any privilege or
Castle Key Insurance Company v. Mark Fischer, No. 1D20-1621 (1st DCA Mar. 16, 2021) Highlights: Insurer accepted partial coverage on the insured’s Hurricane Michael claim. After the insured filed the claim, the insurer tendered a check, admitted coverage for some
In Spielberg v. Progressive Select Ins. Co., No. 4D19-3081 (Fla. 4th DCA Feb. 10, 2021), the Fourth DCA held that an auto insurer did not have to provide certain statutorily-prescribed policy cancellation notice requirements when the cancellation was requested by
The ink is not even dry on your appraisal award and the insurer has been served with a Motion for Entitlement to Attorneys Fees in Costs in a case where the insurer did not even know there was a disputed
Ken Oliver and Jarred Dichek are slated to present “Material Misrepresentation Updates” at the Society of Claim Law Associations (SCLA) Annual Conference in New Orleans. The conference is taking place at the Hilton New Orleans Riverside Hotel, on May 16-19,
Recently, in Citizens Property Insurance Corp. v. Perdido Sun Condo. Ass’n, Inc., 40 Fla. L. Weekly S265 (Fla. May 14, 2015), the Florida Supreme Court held that Citizens, as a state-created insurer, was immune from liability for a statutory first-party
Kendra Therrell, of the Fort Myers office, prevailed in obtaining a final summary judgment in favor of our client in a lien impairment lawsuit filed by a health care facility. In prior cases, the same trial judge had found the
An insurer has a right to rescind an insurance policy based on a material misrepresentation in the insurance application by the insured. In general, to prove the right to rescind an insurance policy, the insurer must prove that there was
One of my favorite new commercials is the Discover Card commercial where the customer wants “frog” protection and the company representative is discussing “fraud” protection.? At the end of the commercial, both the customer and the company representative are convinced
As we know, there are known knowns; there are things we know that we know. There are known unknowns; that is to say, there are things that we now know we don’t know. But there are also unknown unknowns –
9100 South Dadeland Blvd.
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Mobile, AL 36602 251.308.3351
