MAY 2017

Here’s your update on Florida insurance-related legal developments from the Colodny Fass Insurance Litigation Practice.

Florida Insurance Matters is a monthly update on Florida insurance-related legal developments by the Colodny Fass Insurance Litigation Practice, recently recognized as the Insurance Litigation Department of the Year in South Florida by the Daily Business Review.

About the Author

Amy L. Koltnow, a Colodny Fass Shareholder, focuses her practice on representing insurance companies in complex insurance litigation and counseling insurers on claims resolution. She has represented insurers in connection with property damage and first-party coverage litigation, claims of “bad faith,” high-risk exposures, class actions and multi-district litigation.

For more information about Ms. Koltnow, click here.

Statute of limitations in subrogation action based on negligent repairs begins at damage, not repairs

A property insurer filed a subrogation lawsuit against a contractor for faulty roof repairs after the insurer paid insurance benefits for interior water damages from a roof leak. The contractor argued the lawsuit was untimely filed since the statute of limitations began to run from the date the contractor performed the negligent repairs-which was six years before the roof leaked. The trial court agreed and dismissed the case. The 3d DCA reversed holding that the statute of limitations for a subrogation action based on negligent repairs commenced from the date of the injury, that is, when the water damage actually occurred, not when the repairs were performed.

Companion Prop. and Cas. Group v. Built Tops Building Services, Inc., 3d DCA, May 10, 2017

• The statute of limitations for roof leaks on real property begins to run from the time the defect is discovered or should have been discovered.
• Always consider your available options for subrogation and obtain early in the investigation, or in the underlying litigation, testimony regarding when the insured first discovered the roof leak.

Colodny Fass Uncovers Fraud, Forcing Case Dismissals

Former prosecutor and senior Colodny Fass attorney Carolyn Epstein obtained several “forced” dismissals this month after successfully ferreting out fraud in each case.

In one case, within days of filing a motion for summary judgment, a motion to dismiss for fraud on the court, a counterclaim for fraud, and a motion for sanctions–all based on the insured’s deliberate failure to disclose a prior reported insurance claim–the insureds voluntarily dismissed their case.

In another case, the insured deliberately failed to disclose a prior reported insurance claim in his application as well as the fact that he was operating a hair salon in his garage. With a relentless approach to uncovering the truth, Carolyn also discovered the insured had submitted the prior undisclosed claim to two different carriers, but lied about the date of loss in his quest for coverage. Within days after filing a motion for summary judgment and a motion for sanctions, the insureds chose to dismiss their case.

The pursuit of fraud requires a dedicated, methodical approach. Colodny Fass has a team of experienced litigators who know what it takes to uncover the true facts and keep the heat on! We’re here to aggressively represent your interests, including uncovering and combating insurance fraud.

For more information, contact Colodny Fass at (954) 492-4010.

Matt Scarfone to Discuss Drones in Claim Investigations at FIFEC Next Week

Colodny Fass attorney Matt Scarfone will be speaking as part of a panel at the 2017 Florida Insurance Fraud Education Committee (“FIFEC”) conference at the Caribe Royale in Orlando on Wednesday, June 7, 2017. Mr. Scarfone will be joined by Paul Clark, Director of Property Claims Operations at Olympus Ins. Co., and Robin Davies, VP of Production / Senior Engineer at Bracken Engineering, Inc.

The panel will discuss the use of unmanned aerial vehicles, or “drones,” in investigating insurance claims. The emerging issues surrounding the use of drones–including regulatory compliance, data reliability and privacy concerns–will be analyzed from a claims-handling, engineering and legal perspective.

Click the link to register: View Link.

For more information, contact Matt Scarfone at mscarfone@colodnyfass.com or (954) 492-4010.