Legal Topics

Insurance — Homeowners — Coverage — Conditions precedent — Post-loss obligations — Notice of loss — Homeowners’ failure to promptly report loss to insurer raised rebuttable presumption of prejudice to insurer — Genuine issues of fact remain as to whether presumption was rebutted or whether insurer was unduly prejudiced by untimely notice where there was no evidence of repairs being made to roof in interim between loss and notice of loss, and homeowners’ expert attested that damage to roof and interior water damage were caused by hurricane — Motions for summary judgment denied
Apr 11th, 2026 in by admin

JONATHAN CLAVIJO MONTOYA, et al., Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. Circuit Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2024-012668-CA-01. Section CA25. October 30, 2025. Valerie R. Manno Schurr, Judge. Counsel: Frantz Nelson, Levin Litigation,…


[ Click To Read The Rest ]

Criminal law — Search and seizure — Cell phone — Vehicle — Automobile exception — Motion to suppress fruits of search of defendant’s vehicle is granted where deputy was acting on instructions of detectives who received uncorroborated report that defendant would be helping murder suspect to flee country when deputy stopped defendant on roadway at night and seized his vehicle and its contents — Seizure supported only by naked suspicion that evidence of crime was to be found in vehicle is unlawful — Warrant — Affidavit in support of search warrant was insufficient to establish probable cause for search where affidavit was obtained after vehicle was impounded and included uncorroborated information known at time of seizure as well as information obtained as result of unlawful seizure and search of vehicle — Further, warrant failed to satisfy particularity requirement of Fourth Amendment where it authorized search for “any and all items of evidentiary value” — Good faith exception to Fourth Amendment exclusionary rule is not applicable where objectively reasonable officer would have known that affidavit supporting warrant was insufficient to establish probable cause for search — Warrant for search of cellphones found in vehicle is subject to same infirmities as warrant for search of vehicle where police had no knowledge of phones until they conducted unlawful search and seizure of vehicle and did not have probable cause to believe that phones, which were allegedly purchased in anticipation of murder suspect’s flight that never occurred, were actually used in connection with crime
Apr 06th, 2026 in by admin

Criminal law -- Search and seizure -- Cell phone -- Vehicle -- Automobile exception -- Motion to suppress fruits of search of defendant's vehicle is granted where deputy was acting on instructions of detectives who received uncorroborated report that defendant…


[ Click To Read The Rest ]