I have no idea why this keeps coming up. I have handled literally 100’s of dec actions in County and Circuit Court. Every once in a while, the insurance company’s lawyer will insist that dec actions can only be heard in
Florida Insurance Blog
Providing Insight Into Florida Insurance Law and Litigation
The Florida Insurance Blog, published by The Nation Law Firm, focuses on legal issues related to insurance claims in Florida, particularly those arising from property damage caused by hurricanes, storms, hail, and wind. It covers topics such as homeowners insurance policies, replacement cost claims, insurance company denials and underpayments, and litigation strategies to challenge insurers. The blog also addresses specific legal cases involving insurance coverage disputes, ERISA long-term disability claims, and liability issues under insurance policies. It provides guidance for policyholders on asserting their rights and navigating complex insurance claim processes in Florida.
Latest from Florida Insurance Blog - Page 9
3rd Remands Case for Evidentiary Hearing on Whether Insured Complied with Presuit Conditions
By Mark Nation
In Citizens Property Insurance Corporation v. Maytin, ____ So.3d ____ (Fla. 3rd DCA 2010), the insured homeowner sued Citizens for failing to pay a homeowner’s claim. After filing suit, the insured moved to compel appraisal. Citizens argued that the insured…
4th DCA (Mis?)Speaks on Releasing Future PIP Benefits
By Mark Nation
In United Automobile Insurance Company v. Palm Chiropractic Center, Inc., a/a/o Thomas, ____ So.3d ____ (Fla. 4th DCA 2010), the PIP insurer sent the insured for a compulsory medical examination. Based on the results of the CME, the PIP insurer advised…
Client Awarded Fees Against Public Adjuster
By Mark Nation
In Point East Four Condominium Corporation, Inc., ____ So.3d ____ (Fla. 4th DCA 2010), a public adjuster sued his client for payment of its 10% contingency fee. The client defended by showing that there had been no recovery and therefore…
4th DCA Agrees that UM Insured Does Not Have to Sue At-Fault Driver Before Suing for UM Benefits
By Mark Nation
In Saris v. State Farm Mutual Automobile Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), Saris carried uninsured motorists insurance with State Farm. The insured was injured by a underinsured / uninsured motorist. The insured did not pursue a claim against the…
Deposition of Geologist in Sinkhole Case
By Mark Nation
My client’s home has been sinking. She submitted a claim to her homeowner’s insurance company which sent out a geotechnical engineer and geologist to investigate the claim. The engineer and geologist concluded that the home was sinking because of the “high…
Interstate Trucking and the MCS-90 Endorsement
By Mark Nation
Mr. and Mrs. Yeates were severely injured when the vehicle Mrs. Yeates was driving was struck head-on by a livestock truck owned by Bingham Livestock. The Yeateses sued Bingham Livestock and the truck driver. Bingham Livestock carried two insurance policies,…
Lawsuit Filed to Reduce Health Insurance Lien
By Mark Nation
My client was severely injured in a motorcycle accident. In a bad faith lawsuit against the at-fault driver’s insurance company we recovered a confidential amount well in excess of 150 times the policy limits. My client’s health insurer paid around…
Lawsuit Filed for Health Insurance Benefits
By Mark Nation
My client was injured in an automobile accident. After exhausting his PIP benefits, he was advised he needed neck and back surgery. My client paid $25,000 to his surgeon and the surgery center for his surgery. He submitted the surgery…
Lawsuit Filed Against Nationwide for Water Damage to Insured’s Home
By Mark Nation
There was a water leak at my client’s home caused by pinholes in copper tubing. The leaks occurred in the crawl space under the floor. The home was insured at the time of the leak by Nationwide.
My client realized…