Litigating Homeowners Insurance Policy Provisions

The Return of the Efficient Proximate Cause Doctrine in Florida Florida’s Second District Court of Appeal recently revived an old debate regarding whether coverage is available for damages caused by independent excluded and covered causes in the case of Sebo …

In July 2013, Florida’s Fourth District Court of Appeal held in Ergas v. Universal Property & Casualty that there is no coverage for tile damage caused by a dropped object. Since then, Florida’s Second and Third Districts have issued similar …

An ongoing debate in sinkhole claims and litigation is whether the legislature intended for Florida insurers to provide coverage for sinkhole activity that causes aesthetic damage only. In 2005, the legislature enacted Section 627.706, requiring that insurers provide coverage for …

When litigating the insurance policy provisions, no one is surprised when an insured’s attorney requests the deposition of an insurer’s corporate representative. Florida Rule of Civil Procedure 1.380 (b)(6) allows a party to request a corporation to designate a corporate …

For decades, if an insured did not comply with an insurer’s request for an examination under oath (“EUO”), the insurer was entitled to summary judgment finding that there was no coverage for the claim. In 2012, however, in Whistler’s Park, …

An insured’s Chapter 7 bankruptcy is an interesting and often unexplored issue that can have a large impact on an insurer’s potential liability. If an insured has filed for bankruptcy under Chapter 7 of the Bankruptcy Code, he or she …

An insured must reside at their property to have coverage for damage to their home under an HO form policy. The defense arises out of the typical HO policy’s definition of “residence premises,” and the introductory clause in the building …

In Ergas v. Universal Prop. & Cas. Co., 2013 WL 1748574 (Fla. 4th DCA April 24, 2013), the Fourth District Court of Appeal issued an important order for Florida property insurers. The court held that the “marring” exclusion barred coverage …

Florida District Courts of Appeal recently have been very busy with cases involving the “prompt notice” provision in property insurance policies. When an insurer proves that the insured’s notice was late, courts will apply a presumption that the delay prejudiced …