Case Law Summary
American Capital Assurance Corporation v. Courtney Meadows Apartments American Capital Assurance Corp. v. Courtney Meadows Apts., No. 1D09-2940, ___ So. 3d ___ (Fla. 1st DCA, April 7, 2010)
A hailstorm damaged the roof of the insured apartment complex. On October 3, 2008, the insurer sent a final estimate, which indicated that only the office roof needed to be replaced and that the remaining roofs in the complex could be repaired. The final estimate also included other items of loss and estimated the total amount of damage at $168,285.98.
Quiroga v. Citizens Property Insurance Corporation Quiroga v. Citizens Prop. Ins. Corp., No. 3D08-2942, ___ So. 3d ___, (Fla. 3rd DCA, April 7, 2010)
A homeowner brought suit against his insurer to recover proceeds for hurricane damage to his home. The law firm representing homeowner under contingency-fee agreement secured proceeds for the homeowner, and, after the homeowner terminated the non-secured contingency-fee contract and refused to pay for the legal services, the law firm moved to impress a charging lien on the proceeds. Florida Farm Bureau Casualty Insurance Company v. Mathis Florida Farm Bureau Cas. Ins. Co. v. Mathis, 33 So. 3d 94 (Fla. 1st DCA 2010)
Florida Farm Bureau Casualty Insurance Company appealed a final judgment in favor of the Mathises, awarding them their homeowners policy limits. Hurricane Ivan caused substantial wind and flood damage to the Mathises’ home. The home was insured with a flood insurance policy with policy limits of $250,000, issued pursuant to the National Flood Insurance, and with a Florida Farm homeowners policy with policy limits of $295,600, which covered windstorm damage but excluded flood.
Warfel v. Universal Insurance Company of North America Warfel v. Universal Ins. Co. of North America, No. 2D08-3134, ___ So. 3d ___ (Fla. 2nd DCA, May 12, 2010)
An opinion was originally issued in this case on December 9, 2009. The Second District Court of Appeal denied rehearing but certified a question of great public importance to the Florida Supreme Court:
DOES THE LANGUAGE OF SECTION 627.7073(1)(C) CREATE A PRESUMPTION AFFECTING THE BURDEN OF PROOF UNDER SECTION 90.304 OR DOES THE LANGUAGE CREATE A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE UNDER SECTION 90.303.
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Attorney Q and A
Post-Loss Duties: A Conversation with Attorney Corey Harris  Q. What are post-loss duties?
An insured’s post-loss duties are set out in the insurance policy. Common post-loss duties include:
- Provide timely notice of loss
- Notify the police in case of loss by theft
- Protect the property from further damage
- Duty to make reasonable repairs to mitigate damage
- Keep an accurate record of repair expenses
- Prepare a detailed inventory of damaged property
- Duty to cooperate
- Show the damaged property
- Provide documents and records requested
- If requested, submit to an examination under oath
- Provide a sworn proof of loss
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Items of Interest
SB 2044 SB 2044 was vetoed by Governor Crist by Governor Crist on June 1, 2010.
Update on 48-Hour Ban on Solicitation Lawsuits Both cases are currently on interlocutory appeal:
- Kortum v. Alex Sink -- Plaintiff’s Motion for Summary Judgment was denied, and Kortum has appealed the decision to the 1st District Court of Appeals (Docket No. 1D10-2459).
- Alex Sink v. East Coast Public Adjusters, Inc. – The Department of Financial Services is appealing the trial court denial of their motion to dismiss for improper venue. Oral argument is set for July 6, 2010, in Miami.
Upcoming Florida Public Adjuster Events
Pending Liquidations and Claims Filing Deadlines The following property and casualty insurance companies are in liquidation and have upcoming claims filing deadlines:
Statute of Limitations Approaching for Hurricane Wilma Claims The statute of limitations for a breach of contract is five years in Florida. The trigger for starting the clock on the statute of limitations period is when an action accrues, often, the date of denial of the claim.
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In Florida, discovery in breach of contract actions usually centers around the mystical “claim file” which insurers guard more closely than their first born child. As most who read this blog already know, the “claim file” has been held to be generally protected by Florida courts, and usually undiscoverable in a breach of contract action. |
Merlin Law Group in the News
Merlin Law Group is Pleased to Announce New Attorneys and West Palm Beach Office Merlin Law Group has recently hired several attorneys to handle the many cases being brought to it by public adjusters throughout Florida and Texas. This continued high demand for the firm’s services and in preparation for filing of claims in time to meet the statute of limitations for Hurricanes Wilma, Dolly and Ike also warranted the opening of an office in West Palm Beach, Florida.
Merlin Attorneys Named as Top Lawyers Chip Merlin has been named a Florida Super Lawyer for 2010, and Donna DeVaney was named a 2010 Florida Rising Star in the current issue of Florida Super Lawyers. |
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