INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: INSURED IS NOT BOUND BY SCOPE OF REPAIRS RECOMMENDED BY INSURER’S ENGINEER; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR INSURER REVERSED BECAUSE THE PARTIES’ ENGINEERS DISAGREED ABOUT THE SCOPE OF APPRORIATE REPAIRS TO REMEDIATE SINKHOLE LOSS

Roker v. Tower Hill Preferred Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

When the insured’s engineer disagreed with the insurer’s engineer about the scope of appropriate repairs to remediate the insured’s sinkhole loss, the insurer invoked neutral appraisal, and the appraiser substantially agreed with the insurer’s engineer. As a result, … Click To Read Full Case Law Review...

INDIAN TRIBES: TRIBAL SOVEREIGN IMMUNITY: TRIBAL SOVEREIGN IMMUNITY DID NOT BAR LAWSUIT BY TRIBE AGAINST ITS LAWYERS FOR FRAUDULENTLY BILLING TRIBE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT AFFIRMED BECAUSE TRIBE DID NOT REBUT LAWYERS’ PRIMA FACIE SHOWING OF ENTITLEMENT TO RELIEF

Miccosukee Tribe of Indians of Florida v. Lewis, ___ So. 3d ___, 40 Fla. L. Weekly D752 (Fla. 3d DCA March 25, 2015)

An Indian tribe sued its lawyers for fraudulent billing the tribe, representing tribal members when their interests conflicted with the tribe, paying kickbacks to the former chairman of the tribe, divulging tribal finances to the Internal Revenue … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: RIPENESS: DISTRIBUTION OF FIRE INSURANCE PROCEEDS MUST AWAIT FORECLOSURE SALE; CIVIL PROCEDURE: SUMMARY JUDGMENT: ERROR IN HEARING MOTION FOR SUMMARY JUDGMENT ONLY SIXTEEN DAYS AFTER IT WAS SERVED WAS HARMLESS BECAUSE NONMOVING PARTY DID NOT OBJECT TO HAVING THE MOTION HEARD, SHE WAS ALLOWED TO ADVANCE HER POSITION AT THE HEARING, AND SHE DID NOT CONTEND THE OUTCOME WOULD HAVE BEEN DIFFERENT IF THE COURT WAITED ANOTHER FOUR DAYS TO HEAR THE MOTION

White v. Ocwen Loan Servicing, LLC, ­___ So. 3d ___, 40 Fla. L. Weekly D756 (Fla. 3d DCA March 25, 2015)

The trial court in a mortgage foreclosure entered summary judgment for the loan servicer on the borrower’s counterclaims. The motion was heard at trial only sixteen days after it was filed, but the appellate court held that this procedural … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: POOL POP OUT: WATER EXCLUSION: COVERAGE DID NOT EXIST FOR DAMAGE CAUSED BY POOL POP OUT BECAUSE OF OPERATION OF WATER EXCLUSION AND ANTI CONCURRENT CAUSE PROVISION: ENSUING LOSS PROVISION WAS INAPPLICABLE; CIVIL PROCEDURE: SUMMARY JUDGMENT

Liberty Mutual Fire Insurance Company v. Martinez, ___ So. 3d ___, 40 Fla. L. Weekly D433 (Fla. 5th DCA February 13, 2015)

The homeowner’s pool popped out of the ground because of the hydrostatic pressure created by a tropical storm. The insurer denied coverage based upon an exclusion for “Water below the surface of the ground, including water which … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: ALL RISKS COVERAGE: VACANCY EXCLUSION UNAMBIGUOUSLY APPLIED TO LOSS CAUSED BY ARSON BECAUSE ARSON WAS ENCOMPASSED WITHIN THE PHRASE “VANDALISM AND MALICIOUS MISCHIEF” IN THE EXCLUSION: BECAUSE INSURED’S CLAIM INVOLVED DAMAGE TO STRUCTURE, IT WAS UNNECESSARY TO CONSIDER NAMED PERILS COVERAGE FOR PERSONAL PROPERTY IN ORDER TO CREATE AN AMBIGUITY; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR INSURER AFFIRMED

Botee v. Southern Fidelity Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D368 (Fla. 5th DCA February 6, 2015)

The appellate court affirmed summary judgment for the insurer on a homeowner’s insurance claim. The policy provided all risks coverage on the structure and named perils coverage on personal property. The policy excluded coverage for vandalism and malicious … Click To Read Full Case Law Review...