News & Analysis as of

Evidence Summary Judgment Insurance Claims

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Marshall Dennehey

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

Marshall Dennehey on

Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Marshall Dennehey

Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion

Marshall Dennehey on

Ronald and Lovelie Belizaire v. Citizens Prop. Ins. Corp., Fla. 4th DCA, No. 4D2023-2488, February 12, 2025 - The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the...more

White and Williams LLP

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

White and Williams LLP on

In State Farm Fire & Cas. Co. v. Coway USA, Inc., No. 22-cv-3516, 2024 U.S. Dist. LEXIS 192849, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiff...more

Cozen O'Connor

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

Cozen O'Connor on

In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

Rumberger | Kirk on

A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Carlton Fields

The Three “Musts” for a Competent Affidavit or Declaration

Carlton Fields on

Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more

Carlton Fields

Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny

Carlton Fields on

In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there...more

Butler Weihmuller Katz Craig LLP

Seeing May Soon be Believing: The Possible Expansion of Summary Judgment in Florida with Respect to Dash Camera Footage

Many transportation companies use dash cameras for purposes of defending against actions for liability. However, recently in Lopez v. Wilsonart, LLC, 275 So. 3d 831 (Fla. 5th DCA 2019), eyewitness testimony and an expert...more

White and Williams LLP

Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an...

In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the...more

Carlton Fields

An Expert Is Only As Good As His Actual Experience

Carlton Fields on

Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. ...more

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