News & Events

Please take note that the Third District recently issued an opinion that may impact how you defend corporate representative depositions in first-party property cases. In the past some of us may have asserted that documents within the claims file are privileged, while at the same time allowing our corporate representative to review those same documents during the deposition to refresh his/her recollection pursuant to a protective order.   

Partner William Mitchell, Sr. and associate Jesse Dyer obtained final summary judgment in a first party property claim on behalf of a major Florida homeowners insurance carrier. The claim arose from damages originating from a defective shower pan for which the Insurer denied coverage based on exclusions for long term seepage and leakage and pre-existing damages.  The Insureds’  argued that the cause of loss was a collapse of the subfloor below the 2nd story shower and therefore covered under the policy. However, after multiple hearings on the Insurer’s Motion the Court ruled that the Insureds failed to establish that a genuine issue of material fact existed as to whether or not the loss fell under the clear and unambiguous policy provision involving coverage for losses caused by collapse and that the Insurer had established that the damages were not covered under the policy of insurance.