Plain Language Of Insurance Policy

9 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rodrigo v. State Farm Fla. Ins. Co.
  144 So. 3d 690· Fla. 4th DCA· 2014-08-20 ·cited 17×
  An insured appealed a summary judgment dismissing her property damage claim against her homeowner's insurance after bodily fluids from a deceased neighbor's decomposing body infiltrated her condominium. The court affirmed, holding that the insured materially breached the conditio
• Sec. First Ins. Co. v. Czelusniak
  305 So. 3d 717· Fla. 3d DCA· 2020-05-13 ·cited 8×
  The appellate court reversed a trial court's directed verdict for an insured homeowner. The court found that an anti-concurrent cause provision in the insurance policy excluded coverage for water damage, even if some of the water entered through a non-excluded point like a door,
• Martinez v. Citizens Prop. Ins. Corp.
  982 So. 2d 57· Fla. 3d DCA· 2008-04-16 ·cited 7×
  A homeowner's insurance policy excluded coverage for injuries arising from motor vehicle use or maintenance. When a tenant was injured when a defective concrete driveway collapsed under a parked car, the court held that the injury did not arise out of vehicle use but rather out o
• State Farm Mut. Auto. Ins. Co. v. Marielle Lyde
  267 So. 3d 453· Fla. 2d DCA· 2018-10-05 ·cited 4×
  The mother's insurance policy contained an unambiguous exclusion that precluded UM coverage for the daughter when she was injured while occupying her own vehicle rather than the mother's vehicle, and this exclusion complied with § 627.727(9). The provision titled 'If Other Uninsu
• Morales v. Zenith Ins. Co.
  152 So. 3d 557· Fla.· 2014-12-04 ·cited 4×
  The Florida Supreme Court answered three certified questions regarding whether an employee's estate could recover a tort judgment against an employer's liability insurer. The Court held that while the estate has standing to sue the insurer, both the workers' compensation exclusio
• Omega Ins. Co. v. Wallace
  224 So. 3d 864· Fla. 2d DCA· 2017-08-16 ·cited 3×
  Omega Insurance appeals a directed verdict awarding homeowners over $200,000 for sinkhole remediation. The court reversed, holding that the proper method of subsurface repair is a jury question that cannot be decided on a directed verdict when experts disagree on the appropriate
• People's Tr. Ins. Co. v. Restoration Genie, Inc.
  336 So. 3d 332· Fla. 4th DCA· 2022-03-30 ·cited 1×
  The appellate court reversed a summary judgment for an assignee, finding that disputed issues of fact remained regarding whether the insured provided proper notice of a water loss. The court rejected the assignee's argument that a service agreement between the insurer and its pre
• Synergy Contracting Grp. Inc. v. People's Tr. Ins. Co.
  Fla. 2d DCA· 2024-06-07
  Synergy Contracting Group, as assignee of homeowners insured under a People's Trust policy, sued for breach of contract after People's Trust paid only $2,000 for water mitigation services rather than Synergy's invoiced amount exceeding $5,000. The court affirmed summary judgment
• Camilus v. Scottsdale Ins. Co.
  M.D. Fla.· 2024-02-16
  The court held that an insurance appraisal cannot be compelled to be itemized if the policy does not explicitly require it, but the litigation will be abated pending the appraisal process.
• People's Tr. Ins. Co. v. Restoration Genie, Inc.
  Fla. 4th DCA· 2022-03-30
  People's Trust Insurance Company appealed a summary judgment in favor of Restoration Genie, an assignee of water mitigation services, over a disputed insurance claim. The court held that material issues of fact remained regarding whether the assignee provided proper notice to the