Property Casualty Focus

In Progressive American Insurance Co. v. Heimler, Florida’s Fourth District Court of Appeal affirmed a partial final judgment denying Progressive’s request to rescind an underinsured motorist policy after the insured settled with the tortfeasor ...

In Union Mutual Fire Insurance Co. v. Krajewski, the U.S. District Court for the District of Connecticut granted summary judgment in favor of an insurance carrier due to false statements provided by the insured on his application of insurance.

In March 2022 ...

Following a motor vehicle accident, Florida’s Fifth District Court of Appeal recently reversed a summary judgment against an insurance carrier regarding a dispute over a PIP exclusion for a vehicle owned by an insured but not insured by the carrier.

In Star ...

The Sixth Circuit Court of Appeals recently affirmed summary judgment in favor of an insurance carrier regarding a coverage dispute over the replacement cost of a building.

In Platt Lake Bible Conference Association v. Church Mutual Insurance Co., Platt Lake ...

In Direct General Insurance Co. v. Creamer, the U.S. District Court for the Middle District of Florida determined whether the safe harbor provision of Florida Statutes section 624.155(4)(a), enacted in March 2023, applied to a bad faith claim for an excess ...

In Universal Prop & Cas. Ins. Co. v. West Naze, No. 4D2024-0098 (Fla. 4th DCA Jun. 4, 2025), the Florida Fourth District Court of Appeal reaffirmed that an insured cannot introduce evidence of claim handling in a breach of insurance contract action.  The court ...

In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage caused by a hurricane ...

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during the claimant’s incarceration, but ...

In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured vehicle.

In April 2019, Maria Neptune ...

Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims.

In Saunders v. Florida Peninsula Insurance Co., a Florida appellate court recently determined whether a faulty workmanship exclusion in a homeowner’s policy applied to a property loss caused by a contractor.

The insured, Veronica Saunders, hired a ...

The Florida Third District Court of Appeal recently ruled that an insurer did not waive its right to appraisal after choosing to cover only part of a property damage loss claimed by its insured. The case, People's Tr. Ins. Co. v. Farua Portuondo, No. 3D20-266 (Fla ...

The Fifth Circuit Court of Appeals recently ruled that an insured could not bring a claim to recover proceeds against its insurer after the insured transferred its rights to recover the proceeds to a third party. The case, CRU Shreveport LLC v. United National ...

Various homeowner’s insurance policies contain an appraisal clause that a carrier or insured may invoke in situations where there is a dispute in damages between the parties. However, a court may determine that a party who is seeking to invoke an appraisal ...

A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But in a recent opinion by a Florida ...