Legal Topics

Insurance — Homeowners — Bad faith — Unfair claim settlement practices — Notice of claim — Dismissal is appropriate where amended complaint failed to allege ultimate facts supporting bad faith claim — Civil remedy notice that identifies every person involved in handling claim did not satisfy requirement that notice identify persons most responsible for or knowledgeable of facts giving rise to claim — Further, notice alleged breach of statute relating to personal injury protection policies that is inapplicable to homeowners policy — Dismissal of amended complaint is required where CRN was invalid — Claim for breach of fiduciary duty is subsumed in counts for bad faith — Complaint dismissed with prejudice
Aug 01st, 2025 in by admin

SEAN RAULERSON and MARY RAULERSON, Plaintiffs, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. Circuit Court, 7th Judicial Circuit in and for Volusia County. Case No. 2022-31345-CICI. Division 31. March 6, 2025. Dennis Craig, Judge. Counsel: Kevin George, Altamonte Springs, for…


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Contracts — Construction — Roof installation — Evidence — Spoliation — Sanctions — Homeowner who sought damages from roofing contractor for breach of contract, slander of title, and fraudulent construction lien removed contractor’s ability to defend itself when homeowner replaced allegedly deficient roof during pendency of suit without prior notice to contractor — Homeowner’s claims and defenses dismissed — Default entered against homeowner as to roofing contractor’s breach of contract counterclaim — Homeowner may still defend against construction lien foreclosure
Jul 29th, 2025 in by admin

Contracts -- Construction -- Roof installation -- Evidence -- Spoliation -- Sanctions -- Homeowner who sought damages from roofing contractor for breach of contract, slander of title, and fraudulent construction lien removed contractor's ability to defend itself when homeowner replaced…


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