In Edie Laquer v. Citizens Property Insurance Corporation, 40 FLW D1186, the 3rd DCA reversed a summary judgment in favor of Citizens on the issue of whether the insured had given “prompt” notice of the claim to Citizens.
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Continue Reading What is “Prompt” Notice

In Coba v. Tricam Industries, Inc., 40 FLW S257 (Fla., May 14, 2015), Florida Supreme Court discussed the procedure lawyers must follow when faced with an inconsistent verdict.  (Although this was a wrongful death case, it is important for all civil litigators, including insurance lawyers).
Continue Reading Preserving Error – Inconsistent Verdict

On June 5, 2015, a powerful wind storm hit the Leesburg area in Lake County, Florida.  The storm was strong enough to tear off roofs, and damage shingles.

As a lawyer for policy holders for the past 25 years, I know that there will be insurance claims arising from this storm which insurance companies will wrongly deny, delay or underpay.  It is inevitable.

What do you do if you have claim that is denied, delayed or underpaid?  That is easy.

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Continue Reading Wind Storm Hits Leesburg

Today, in Citizens Property Ins. Co. v. Mango Hill #6 Condominium Assoc., Inc., ___ So. 3d ___, No.: 3D10-2630 (Fla. 3rd DCA July 10, 2013) the 3rd DCA once again held a trial court erred in applying Florida’s arbitration rules to insurance appraisals. Mango Hill involved a Hurricane Wilma claim, and Citizens had issued a commercial windstorm damage policy covering Mango Hill’s 7 building condominium complex.
Continue Reading Third DCA Distinguishes Appraisal and Arbitration

I am pleased that this blog has been nominated as one of the top 50 insurance blogs for 2009.  If you could, it would be helpful for you to comment on our nomination by clicking this link http://www.lexisnexis.com/Community/insurancelaw/blogs/topblogs/archive/2010/06/22/insurance-law-community-s-top-50-insurance-blogs-for-2009.aspx

The voting concludes on July 9, so time is of the essence.  If you think we should…

My Firm’s written mission statement has long been: “To glorify God in all that we do and have a positive impact on every person with whom we come into contact.”  The full explanation of my Firm Mission – in the context of a litigation law firm – can be found on my website at http://www.nationlaw.com/the-nation-law-firm/mission-statement/…

On December 11, 2008, the Florida Supreme Court held that a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity.

In Kirton v. Fields, SC07-1379 (Fla. Dec. 11, 2008), a parent took his 14 year old son to…

An uninsured motorist insurer is not forced to use the same expert it relied upon in evaluating personal injury protection (PIP) benefits, and a third party defendant does not have sufficient commonality of interest that it has to use the expert, either. 

In GEICO General Ins. Co. v. Berner, 2007 WL 4409786 (Fla. 3rd …