INSURANCE: COMMERCIAL PROPERTY INSURANCE: WHEN PRIMARY INSURANCE POLICY WAS CONSIDERED AS A WHOLE, IT PROVIDED BLANKET INSURANCE RATHER THAN SCHEDULED INSURANCE: IF INSURED AND INSURER’S INTERPRETATIONS OF POLICY WERE BOTH REASONABLE, THEN POLICY WAS AMBIGUOUS AND SHOULD BE INTERPRETED IN INSURED’S FAVOR; EVIDENCE: HEARSAY: BUSINESS RECORDS: WITNESS LACKED SUFFICIENT KNOWLEDGE TO QUALIFY DATA COMPILATION AS A BUSINESS RECORD; CIVIL PROCEDURE: CONSOLIDATION: SEPARATE JUDGMENTS SHOULD BE ENTERED WHEN CASES ARE CONSOLIDATED FOR TRIAL; APPEALS: HARMLESS ERROR: RIGHT FOR WRONG REASON DOCTRINE

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Landmark American Insurance Company v. Pin-Pon Corporation, ___ So. 3d ___, 40 Fla. L. Weekly D191 (Fla. 4th DCA January 7, 2015)

A hotel, covered under primary and form following excess policies, sustained damages from two hurricanes. After the loss, the insured and the excess carrier disputed whether the primary policy provided blanket coverage or scheduled coverage. Under blanket … Click To Read Full Case Law Review...

INSURANCE: COMMERCIAL PROPERTY INSURANCE: SINKHOLE LOSS: APPRAISAL: INSURER’S RETENTION OF RIGHT TO DENY COVERAGE DOES NOT NEGATE ITS RIGHT TO APPRAISAL: DISAGREEMENT OVER WHAT REPAIRS ARE NECESSARY IS A VALUATION ISSUE RATHER THAN A COVERAGE ISSUE AND IS SUBJECT TO APPRAISAL

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The Cincinnati Insurance Company v. Cannon Ranch Partners, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D78 (Fla. 2d DCA December 31, 2014)

When the insurer and the insured disagreed whether underpinning was necessary to restore the property after a sinkhole loss, the trial court denied the insurer’s motion to compel appraisal, but the appellate court reversed. (1) The … Click To Read Full Case Law Review...

INSURANCE: PROPERTY INSURANCE: FIRE DAMAGE: ORDINANCE AND LAW COVERAGE: TWO YEAR LIMITATION ON REPAIRS AND REPLACEMENT IN ORDINANCE AND LAW COVERAGE ENDORSEMENT WAS A FORFEITURE PROVISION THAT WAS WAIVED BY FAILING TO PROVIDE INSURED WITH PROMPT NOTICE OF LIMITATION DESPITE KNOWLEDGE INSURED EXPECTED THE CLAIM TO BE PAID AND BY CONTINUING TO ADJUST THE INSURED’S CLAIM AFTER THE TWO YEAR PERIOD EXPIRED: ABSENCE OF PREJUDICE  

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Axis Surplus Insurance Company v. Caribbean Beach Club Association, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1350 (Fla. 2d DCA June 27, 2014)

After a condominium building was ravaged by fire, both the insured and the insurer sought to persuade the county not to apply the 50% rule.  Under this rule, if more than 50% of a building … Click To Read Full Case Law Review...

INSURANCE: PROPERTY INSURANCE: WINDSTORM: TORTS: BAD FAITH: CITIZENS PROPERTY INSURANCE CORPORATION: THE WILLFUL TORT EXCEPTION TO CITIZENS’ IMMUNITY FROM SUIT ALLOWS CITIZENS TO BE SUED FOR BAD FAITH UNDER SECTION 624.155(b), FLORIDA STATUTES; APPEALS: CONFLICT CERTIFIED: QUESTION OF GREAT PUBLIC IMPORTANCE CERTIFIED

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Perdido Sun Condominium Association v. Citizens Property Insurance Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D213 (Fla. 1st DCA January 23, 2014)

The condominium association sued Citizens Property Insurance Corporation for breach of contract based upon the underpayment of its windstorm claim.  After prevailing, the association sued Citizens for bad faith under Section 624.155(1)(b)1, Florida Statutes, but … Click To Read Full Case Law Review...

INSURANCE: COMMERCIAL VEHICLE: NAMED DRIVER EXCLUSION NEGATED COVERAGE FOR BODILY INJURY BUT NOT PIP AND PROPERTY DAMAGE LIABILITY BECAUSE THEY ARE MANDATED BY STATUTE; CIVIL PROCEDURE: SUMMARY JUDGMENT

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Antonelli v. United Automobile Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D61 (Fla. 3d DCA January 2, 2014)

A truck, insured under a commercial vehicle insurance policy, was involved in an accident.  The driver was not named in the policy, which had a named driver exclusion.  As a result, the appellate court affirmed summary judgment for the … Click To Read Full Case Law Review...