Ashley Johns | Marshall Dennehey In a decision clarifying the role of the jury in insurance coverage disputes, the Second District Court of Appeal reversed three directed verdicts previously entered in favor of the insurer in a breach of contract case. The underlying dispute centered on whether damage to more than 25% of the plaintiffs’… Continue reading Second District Court of Appeal Reverses Directed Verdicts in Coverage Dispute Over Roof Replacement and Actual Cash Value
Tag: Breach of Contract
Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute
Nathan R. Woods | Marshall Dennehey Florida Roof Masters (FRM) and Ms. Page signed a contract wherein FRM would provide roofing services at a cost of $18,000. Page paid $9,000 prior to services being completed but refused to pay the remaining balance upon completion. FRM hired a collection company to pursue the debt on their… Continue reading Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute
Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute
Nathan R. Woods | Marshall Dennehey Florida Roof Masters (FRM) and Ms. Page signed a contract wherein FRM would provide roofing services at a cost of $18,000. Page paid $9,000 prior to services being completed but refused to pay the remaining balance upon completion. FRM hired a collection company to pursue the debt on their… Continue reading Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute
Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits
Shannon Alfonso | Butler Weihmuller Katz Craig Florida’s First District Court of Appeals delivered a clear warning to policyholders and their counsel in Bailetti v. Universal Property & Cas. Ins. Co., — So. 3d —, 2025 WL 2845101 (Fla. 1st DCA Oct. 8, 2025): a breach of contract suit must be grounded in a breach that… Continue reading Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases