In Florida Farm Bureau Casualty Insurance v. Mathis, ____ So.3d ____ (Fla. 1st DCA April 20, 2010), a home was significantly damaged as a result of Hurricane Ivan in September 2004. The homeowners had a $250,000 flood policy and a $295,000 homeowners policy on the home. The homeowners submitted claims to both the flood carrier and … Continue Reading
In Citizens Property Ins. Corp. v. Mallett, 2009 WL 485038 (Fla. 1st DCA Feb. 27, 2009), the First DCA dealt with three issues which are common in homeowners insurance claims: 1) interpreting Florida’s Valued Policy Law (VPL); 2) when payment is due under debris removal, and law and ordinance coverage; and 3) when prejudgment interest … Continue Reading
On March 27, 2008 the Florida Supreme Court quashed three more First DCA “Valued Policy Law” cases which had been decided pursuant to Mierzwa v. Florida Windstorm Underwriting Ass’n, 877 So. 2d 774 (Fla. 4th DCA 2004). The Mierzwa court had interpreted the VPL in such a way that a total loss required payment of the … Continue Reading
Citizens Property Insurance Corporation v. Manning, 32 FLW D2458c (Fla. 1st DCA October 15, 2007)In this newly decided case, the insured homeowners sought to recover from their homeowner’s insurer for the total loss of their home as a result of Hurricane Ivan which devestated the north-west coast of Florida on September 16, 2004. The trial … Continue Reading
