INSURANCE: CIVIL PROCEDURE: PLEADING: APPEALS: SECOND TIER CERTIORARI: CIRCUIT COURT, SITTING IN ITS APPELLATE CAPACITY, DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY AFFIRMING COUNTY COURT’S DISMISSAL WITH PREJUDICE BASED UPON THE FAILURE TO ATTACH A COPY OF THE INSURANCE POLICY TO THE COMPLAINT: DISMISSAL SHOULD HAVE BEEN WITH LEAVE TO AMEND

Restoration I of The Treasure Coast v. First Protective Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly D22 (Fla. 4th DCA December 17, 2014)

The county court dismissed an action with prejudice based upon the plaintiff’s failure to attach a copy of an insurance policy to its complaint, and the circuit court, sitting in its appellate capacity, … 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  

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...

TORTS: WRONGFUL DEATH; INSURANCE: DECLARATORY JUDGMENT ACTION ON COVERAGE: NONJOINDER STATUTE: WAIVER; APPEALS: CERTIORARI: IRREPARABLE HARM: SEVERANCE

Star Insurance Company v. Dominguez, ___ So. 3d ___, 39 Fla. L. Weekly D1337 (Fla. 2d DCA June 25, 2014)

The plaintiff sued the county and its excess liability insurer. In the first count of its complaint, the plaintiff asserted a claim for wrongful death against the county.  In the second count of its complaint, the plaintiff sought a declaratory … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: BELATED HURRICANCE CLAIM; CIVIL PROCEDURE: NOMINAL PROPOSAL FOR SETTLEMENT: GOOD FAITH: NOMINAL EXPOSURE: CONFLICTING STANDARDS OF GOOD FAITH

Citizens Property Insurance Corporation v. Perez, ___ So. 3d ___, 39 Fla. L. Weekly D1271 (Fla. 4th DCA June 18, 2014)

The plaintiff made a belated homeowner’s insurance claim four years after Hurricane Wilma.  The trial court initially denied, but subsequently granted, the insurer’s motion for summary judgment, but it denied the insurer’s motion for attorney’s fees because it … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE CLAIM: AFFIRMATIVE DEFENSES: LATE NOTICE OF CLAIM: NOTICE OF LOSS FOUR YEARS AFTER INSUREDS OBSERVED CRACKING, WHICH THEY MISTOOK FOR NORMAL SETTLEMENT: THERE IS NO BRIGHT LINE RULE THAT NOTICE TWO YEARS AFTER LOSS, WITHOUT MORE, NEGATES COVERAGE: PRESUMPTION OF PREJUDICE IS NOT CONSIDERED AND NEED NOT BE REBUTTED UNTIL LATE NOTICE HAS BEEN ESTABLISHED; CIVIL PROCEDURE: SUMMARY JUDGMENT: TRIAL COURT MAY RECONSIDER ITS INTERLOCUTORY RULINGS AT ANY TIME BEFORE FINAL JUDGMENT; STARE DECISIS: TRIAL COURT MUST FOLLOW DECISIONS OF THE SUPREME COURT AND ITS OWN DISTRICT COURT OF APPEAL EVEN IF A CONFLICTING DECISION FROM ANOTHER DISTRICT IS MORE RECENT

LoBello v. State Farm Florida Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D1273 (Fla. 2d DCA June 18, 2014)

The insureds waited four years to report a sinkhole claim to their insurer because they thought the cracking they initially observed was the result of normal settlement.  When the insurer denied coverage based on late notice, the insureds … Click To Read Full Case Law Review...