J. Richard Caldwell, Jr. | Rumberger | Kirk In Perlmutter v. Federal Ins. Co., No. SC2024-0058, 2026 WL 1689765 (Fla. June 11, 2026), the Supreme Court of Florida unanimously rejected the decision of the Florida 4th District Court of Appeal In Perlmutter v. Federal Ins. Co., 376 So.3d 24 (Fla. 4th DCA 2023). The specific issue concerned plaintiff’s burden in showing… Continue reading One-Sided Game: Florida Supreme Court Limits Defense Role in Punitive Damages Motions
Tag: Florida
Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Michael Shifrin | Bressler, Amery & Ross For decades, appraisal has been a central feature of Florida property insurance disputes. Designed to resolve disagreements over the amount of loss, appraisal was never intended to displace litigation altogether. In recent years, appraisal has become far more contested. Courts are now scrutinizing appraisal awards more closely, carriers… Continue reading Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Collapse Coverage in First-Party Property Cases
Keegan Lathan | Butler Weihmuller Katz Craig What is considered a covered “collapse” under a homeowner’s policy? One Florida appeals court recently addressed this question in Escobar v. Citizens Prop. Ins. Corp., No. 3D24-1234, 2026 WL 817362 (Fla. Dist. Ct. App. Mar. 15, 2026). Specifically, the Third District Court of Appeal held that: (1) drywall is… Continue reading Collapse Coverage in First-Party Property Cases
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
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