Florida

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Fla. Panel Affirms Dismissal Of Minn. Couple's First-Party Bad Faith UIM Claim
Posted on 4 Apr 2012 by Mealeys

DAYTONA BEACH, Fla. - Applying the law of Minnesota, the insureds' home state, a Fifth District Florida Court of Appeal panel on March 30 upheld a lower court's dismissal of the plaintiffs' bad faith claim against their insurer because Minnesota... Read More

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Judge Dismisses Professional Liability Excess Insurer's Declaratory Judgment Suit
Posted on 9 Jul 2012 by Mealeys

MIAMI - A Florida federal judge on July 3 dismissed a professional liability excess insurer's declaratory judgment lawsuit against its law firm insured and another excess insurer after the parties filed a joint stipulation of dismissal without prejudice... Read More

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Judge: Insurer Has No Duty To Defend Claims Against Non-Insured Partnership
Posted on 22 Oct 2012 by Mealeys

TAMPA, Fla. - A commercial general liability insurer had no duty to defend or indemnify an insured against an underlying action alleging conduct related to a partnership that was not listed as a named insured on the policy, a Florida federal judge ruled... Read More

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Florida Appeals Panel Reverses Finding Of No Bad Faith By Insurer
Posted on 7 Dec 2012 by Mealeys

WEST PALM BEACH, Fla. - In finding that genuine issues of fact precluding summary judgment exist in a dispute over insurance benefits for a driver killed in an auto accident, a Florida appeals panel on Dec. 5 reversed a trial court's judgment that... Read More

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Judge Refuses To Grant Summary Judgment Based On Insured's Lack Of Cooperation
Posted on 9 May 2012 by Mealeys

WEST PALM BEACH, Fla. - Summary judgment based on the question of an insured's lack of cooperation cannot be granted in favor of a professional liability insurer, a Florida federal judge ruled May 8, finding that there are genuine issues of material... Read More

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Florida Panel Reverses Ruling In Insurer's Favor In Hurricane Charley Suit
Posted on 18 May 2012 by Mealeys

DAYTONA Beach, Fla. - An insured's failure to submit to an examination under oath (EUO) did not prejudice an insurer, a Florida appeals panel held May 18, reversing and remanding a lower court's ruling in favor of the insurer in a dispute over... Read More

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Judge Says He Cannot Hear Case That Has Been Transferred To Another Court
Posted on 24 Apr 2013 by Mealeys

COLUMBUS, Ohio - A federal judge in Ohio on April 22 said the court lacks jurisdiction to consider a motion to reconsider an earlier ruling regarding a reinsurance dispute because the case had been transferred to a federal court in Florida before the... Read More

Tags: Insurance

Florida High Court Answers 'No' To Certified Questions In Hurricane Wilma Dispute
Posted on 1 Jun 2012 by Mealeys

TALLAHASSEE, Fla. - Answering five certified questions from the 11th Circuit U.S. Court of Appeals, the Florida Supreme Court on May 31 determined that, under Florida law, first-party claims are actually statutory bad faith claims that must be brought... Read More

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Judge Says Insurers Must Reimburse Costs For Defense Of Chinese Drywall Claims
Posted on 11 Apr 2012 by Mealeys

FORT LAUDERDALE, Fla. - Commercial general liability insurers have a duty to defend an insured in an underlying Chinese drywall lawsuit, a Florida federal judge concluded April 9, finding that "faulty workmanship" and "products liability"... Read More

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Florida Panel Reverses Ruling In Insurer's Favor In Hurricane Wilma Dispute
Posted on 21 Mar 2013 by Mealeys

WEST PALM BEACH, Fla. - A Florida appeals panel on March 20 found that an appraisal proceeding had not appraised an insured's ordinance and law coverage stemming from Hurricane Wilma, reversing and remanding a lower court's ruling in the insurer's... Read More

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Florida Panel Reverses Ruling In Favor Of Insurer In Hurricane Wilma Dispute
Posted on 21 Jun 2012 by Mealeys

WEST PALM BEACH, Fla. - There are disputed issues of material fact regarding whether a homeowners insurer was prejudiced by Florida insureds' late notice of their roof damage claim, a Florida appeals panel held June 20, reversing and remanding a lower... Read More

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6th Circuit Affirms Dismissal Of Insurer's Declaratory Complaint In Bad Faith Case
Posted on 31 Jul 2012 by Mealeys

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 26 held that a Florida court would be better suited to determine contractual and bad faith claims related to an accident that occurred in that state, affirming a lower court's dismissal... Read More

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Judge Finds Insurer Has No Duty To Defend Condo Association Under Policy
Posted on 15 Jan 2013 by Mealeys

MIAMI - A Florida federal judge on Jan. 14 found that an insurer was not obligated to defend a condominium association in an underlying lawsuit filed by a resident, finding that all of the claims asserted against it originally stemmed from hurricane damage... Read More

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Judge Finds Insurer Has No Duty To Defend Medical Practice Under Policy
Posted on 8 Nov 2012 by Mealeys

ORLANDO, Fla. - A Florida federal judge on Nov. 5 granted summary judgment to an insurer, finding that it had no duty to defend a doctor and a medical practice in an underlying case because their claims were excluded under the policy's professional... Read More

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Insurer Has No Duty To Defend, Indemnify Water Intrusion Loss, Judge Says
Posted on 29 Jun 2012 by Mealeys

MIAMI - A commercial general liability insurer has no duty to defend or indemnify an insured for damages caused by water intrusion, a Florida federal judge ruled June 26, granting summary judgment and final default judgment to the insurer (Scottsdale... Read More

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