Category: Florida Insurance Litigation

Maria Elena Abate, Esq. Colodny Fass Shareholder Maria Elena Abate analyzes recent court cases affecting the insurance industry in the May 2015 edition of Florida Insurance Matters.  Click HERE to access this month’s news: Florida Supreme Court declines to clarify discoverability of attorney-client communications in bad …

Matthew C. Scarfone, Esq. Colodny Fass attorney Matthew C. Scarfone analyzes recent court cases affecting the insurance industry in the April 2015 edition of Florida Insurance Matters.  Click HERE to access this month’s news: Post-Loss Obligations — the Meaning of “Sufficient Compliance” Construction Defects — When …

The Colodny Fass Insurance Litigation Division has launched Florida Insurance Matters, a monthly e-mail update on judicial developments affecting the insurance industry.   The March 2015 edition, authored by Firm Shareholder Amy L. Koltnow, includes summaries and analysis on court rulings about sinkhole-related …

  Recently, in Estate of McCall ex rel. McCall v. U.S., No. 09-16375, 2011 WL 2084069, at *1 (11th Cir. May 27, 2011), the Eleventh Circuit Court of Appeals issued an opinion upholding the constitutionality of Florida’s limitation on noneconomic …

  By Maria Elena Abate, Shareholder Colodny Fass   Judge Eldon E. Fallon of the United States District Court  of the Eastern District of Louisiana has issued a December 16, 2010 Order (“Order”) in the ongoing multi-district litigation (“MDL”) relating …

  On November 24, 2010, Florida’s Third District Court of Appeal issued an opinion in Citizens Property Insurance Corporation v. Galeria Villas Condominium Association, Inc., 2010 WL 4740049 (Fla. 3rd DCA 2010), in which it re-established that policy conditions and post-loss obligations …

  In an October 18, 2010 order, a federal judge has denied the Defendants’ motion to dismiss a putative class action alleging that Lloyd’s of London property insurance policies violate Florida law by omitting the existence of separate deductibles for …

  Recently, a Florida appellate court held that an insured who does not receive a statutorily-mandated premium discount for wind loss mitigation must first pursue administrative remedies with the Florida Office of Insurance Regulation (“OIR”) before seeking court action against …

  In an opinion issued yesterday, September 22, 2010, Florida’s Fourth District Court of Appeal affirmed a lower court’s order against the Florida Insurance Guaranty Association (“FIGA”) in a case involving a Sunrise, Florida condominium association’s claim resulting from Hurricane …

  A recent Fourth District Court of Appeal decision resulted in the reversal of class certification in an action brought against an insurance company on behalf of premium finance companies. Prior to certifying a class action, a trial court must …