David Adelstein | Florida Construction Legal Updates A recent insurance coverage dispute involving an automobile liability insurance policy contains a worthy discussion, particularly on the difference between a policy defense and a coverage defense. In this case, the carrier did not provide a defense to the defendant and the plaintiff and defendant entered into a Coblentz agreement. The plaintiff, as assignee of the… Continue reading Florida Claims Administration Statute and Difference Between Policy Defense and Coverage Defense
Tag: Florida
Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs
Tiffany Bustamante | Property Insurance Law Observer In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for repairs. The court emphasized that under both the insurance policy’s plain language and Florida Statute §627.7011(3)(a),… Continue reading Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs
People’s Trust Managed Repair Clause Survives Another Florida Legal Challenge
William Rabb | Insurance Journal After at least three appeals court decisions in the last four years, homeowner lawsuits that take issue with a Florida insurance carrier’s managed repair program may finally have run their course. “It really should” be a nail in the coffin for similar complaints by policyholders, said Josh Beck, one of… Continue reading People’s Trust Managed Repair Clause Survives Another Florida Legal Challenge
The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute
Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute. In Buis v. Universal Property & Casualty Insurance Company, No. 2D2023-0655, 2024 WL 4096130 (Fla.… Continue reading The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute
Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024
Lee Tomlinson | Adams and Reese On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360. SB360 was signed into law last year by Gov. DeSantis. It effectively modifies Section 95.11(3)(c) (now designated… Continue reading Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024