William Rabb | Insurance Journal Proving that an insured misrepresented the extent of damage from a storm may have just become a little more complicated for Florida insurance companies. Florida’s 5th District Court of Appeals last week reversed a trial court’s summary judgment order, which found that a homeowner in Orlando had made false statements about… Continue reading Misrepresentation by Insured? It’s Complicated, Florida Appeals Court Rules
Tag: Florida
Florida Appeals Court Reverses Appraisal Ordered In Storm Suit
Tiffany Bustamante O’Quinn and Alycen A. Moss | Property Insurance Law Observer On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s appellate court held that trial court erred in granting the… Continue reading Florida Appeals Court Reverses Appraisal Ordered In Storm Suit
2022 Construction Industry Legislative Update
Brett Henson | Shumaker, Loop & Kendrick The 2022 [Florida] Legislative Session saw a number of bills signed into law, effective July 1, 2022, which impact the construction industry. Below is a summary of key changes. Building Regulation (Ch. 2022-136) Chapter 2022-136 (“Building Regulation”) includes several changes intended to streamline the building permit process, by expanding… Continue reading 2022 Construction Industry Legislative Update
Florida Court of Appeals Holds That County’s “Active Interference” Overrides “No Damages for Delay” Clause
Annie D. Rosenthal | Saul Ewing Arnstein & Lehr Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota County, Fla. v. Southern Underground Industries, Inc.,… Continue reading Florida Court of Appeals Holds That County’s “Active Interference” Overrides “No Damages for Delay” Clause
Goodbye Courtroom? Florida Citizens Wants Claims Disputes Heard by Admin Judges
William Rabb | Insurance Journal By this time next year, Citizens Property Insurance policyholders and assignees of benefits could see their claims disputes decided, not in county or circuit courts, but by administrative judges who work for a Florida state agency. The Citizens Board of Governors on Wednesday voted to move ahead with a policy… Continue reading Goodbye Courtroom? Florida Citizens Wants Claims Disputes Heard by Admin Judges