On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case...more
9/30/2021
/ Commercial Real Estate Market ,
Denial of Insurance Coverage ,
Evidence ,
Hurricane Irma ,
Insurance Claims ,
Insurance Litigation ,
Late Notices ,
Natural Disasters ,
Policy Terms ,
Prejudice ,
Property Damage ,
Property Insurance ,
Rebuttable Presumptions ,
Severe Weather
In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more
1/22/2021
/ Bad Faith ,
Breach of Contract ,
Consequential Damages ,
Denial of Insurance Coverage ,
First-Party Coverage ,
FL Supreme Court ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Statutory Interpretation
Insurance claims arising out of COVID-19-related commercial losses have been hotly contested, and lawsuits have been filed across the country by policyholders seeking coverage for lost business income. These claims typically...more
10/16/2020
/ Beer ,
Breweries ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Disney ,
Endorsements ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Sales & Distribution Agreements
Progressive recently settled a bad faith lawsuit with the guardians of a child injured in a car accident driven by a Progressive policyholder, Earl Lloyd. Progressive faced liability for an underlying judgment in excess of...more
The Florida Supreme Court recently decided Harvey v. GEICO Gen. Ins. Co., No. SC17-85, 2018 WL 4496566, at *1 (Fla. Sept. 20, 2018), an important case setting forth what many will try to argue has lessened the standard for...more
10/24/2018
/ Auto Insurance ,
Bad Faith ,
Car Accident ,
Damages ,
FL Supreme Court ,
GEICO ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Limits ,
Wrongful Death