Rachel Pearson, et al. v. Scottsdale Ins. Co., 8:22-cv-01530
(U.S. Middle District of Florida, Jul 10, 2023 – Judge Steven D. MerryDay) (Order for judgment of dismissal without prejudice, denying Pearson’s motion for entry of a confessed judgment and attorney’s fees, and granting Scottsdale’s motion to dismiss under 12(b)(6) renewed in its motion for summary judgment, and holding that “Scottsdale contends...
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Triton Renovation, Inc. etc. v. Empire Indemnity Ins. Co., 2:20-cv-00432
(U.S. Middle District of Florida, Jul 6, 2023 – Judge Charlene Edwards Honeywell, recommendation from Magistrate Judge Sansone) (granting and denying in part plaintiff’s motion to confirm the appraisal award and seeking judgment in its favor, declining to enter judgment and confirming appraisal award, holding that “ ‘[W]hen an insurer admits coverage...
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Fla Property Insurance Changes Signed Into Law
On May 26, 2022, Governor DeSantis considered and signed CS/SB 2-D: Property Insurance, which was passed by the Florida Legislature during the recent special session. The changes signed by the Governor focus on property insurance. In addition to the creation of the Reinsurance to Assist Policyholders program and many regulatory-related changes, there...
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Fla Supreme Court Amends PFS Rule To Exclude Nonmonetary Terms
On May 26, 2022, the Florida Supreme Court amended Rule 1.442 “to exclude nonmonetary terms from a proposal for settlement, with the exceptions of a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute.” The Court acknowledged that Florida's proposal for settlement statute, Section 768.79, includes...
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