Updated Daily · For Claims Professionals

Case Law and Industry Insights

Florida property insurance court decisions and industry insights — curated daily for public adjusters and claims professionals.

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Industry Insight: Capacity Insurance Enters 11th Supervision Extension in 2026

Florida OIR extends Capacity Insurance Company's administrative supervision an 11th time. Learn what this means for policyholders and public adjusters.

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Case Law Update: Abdullah v. Ford Motor Company, Delaware Court Orders 1,358 Joined Transmission Warranty Claims Regrouped

On Aug. 31, 2026, amended Sept. 3, a Delaware court granted in part Ford's motion to sever 1,358 joined 6F35 transmission warranty claims, ordering the 16 complaints regrouped.

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Case Law Update: Advanced Diagnostic Group v. Progressive American, Third DCA Affirms Declaratory Relief Needs a Present Dispute

Florida's Third DCA affirmed on Sept. 3, 2026, applying the rule that declaratory relief requires a bona fide need based on present, ascertainable facts.

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Case Law Update: FIGA v. Simmons and FIGA v. Synergy Contracting, Florida DCAs Cut the Fee Share Out of Pre-Insolvency Settlements

Florida's Third and Second DCAs both reversed on Sept. 2, 2026, holding FIGA cannot be forced to pay the attorney's fee portion of a settlement signed before the carrier's insolvency.

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Case Law Update: Four Season Water Restoration v. Citizens, Third DCA Affirms and Cites the Duty to Protect Property After a Loss

On Aug. 27, 2026, Florida's Third DCA affirmed for Citizens in Four Season Water Restoration v. Citizens, No. 3D25-2056, citing the insured's duty to protect property after a loss.

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Case Law Update: Srivastava v. BMW of North America, a Manufacturer Named in the Lease Arbitration Clause Can Compel Arbitration

On Aug. 26, 2026, a California appeals court published Srivastava v. BMW of North America, No. H052938, holding a manufacturer named in a lease arbitration clause can compel arbitration.

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Case Law Update: McAllister v. Holman Automotive, Fourth DCA Holds a Service Loaner Car Falls Under the Graves Amendment

Florida's Fourth DCA affirmed on Aug. 19, 2026 in McAllister v. Holman Automotive that the Graves Amendment and section 324.021(9)(c)3. bar dealer vicarious liability.

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Case Law Update: Generali v. Springel, Fourth DCA Affirms Coverage Over a Pre-Existing Condition Denial

Florida's Fourth DCA affirmed on Aug. 19, 2026 in Generali v. Springel that the insurer failed to prove its pre-existing condition exclusion, restating that the insurer carries that burden.

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Case Law Update: Premier Mitigation v. Citizens, Third DCA Affirms Under Florida's Emergency-AOB Cap

Florida's Third DCA affirmed per curiam on Aug. 27, 2026 in Premier Mitigation v. Citizens, citing the statutory cap on emergency assignments of post-loss residential benefits.

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Case Law Update: Post v. Bisignano — Eighth Circuit Affirms SSDI Denial Where Daily Activities Supported a Records Reviewer

On Aug. 28, 2026, the Eighth Circuit affirmed an SSDI denial in Post v. Bisignano, No. 25-2081, holding the ALJ could rely on a records reviewer backed by the claimant's daily activities.

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Case Law Update: Citizens v. Diaz — Third DCA Affirms Jury Verdict for Homeowners on a Hidden A/C Water Leak

Florida's Third DCA affirmed a jury verdict for Miami-Dade homeowners on Aug. 26, 2026, holding they proved the hidden-and-unknown exception to the seepage exclusion.

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Case Law Update: Citizens v. Suarez — Third DCA Holds a $100 Nominal Offer Was Made in Good Faith

Florida's Third DCA reversed a Miami-Dade fee denial, holding Citizens' $100-per-plaintiff proposal had a reasonable foundation given late notice and unmet document requests.

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Case Law Update: Vainberg v. FIGA — Fourth DCA Revives Attorney's Fees After Avatar's Insolvency

Florida's Fourth DCA held that a Drew repair-contract claim falls under section 627.428 and that FIGA denied part of the claim by affirmative action, reviving the insureds' fee claim.

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Case Law Update: Ramskog v. Parks Automotive Group — AAA Refused to Hear the Dealer's Arbitration Case

A new M.D. Fla. complaint alleges a Florida dealer's service contract charge nearly doubled and that the AAA declined to administer its consumer arbitrations.

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Case Law Update: Universal Property & Casualty v. Bell — Second DCA Won't Apply Presuit Notice Retroactively

Florida's Second DCA affirmed Aug. 14, 2026 that section 627.70152 presuit notice does not apply retroactively to pre-July 2021 policies, and certified conflict with two other districts.

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Case Law Update: Simms v. Commissioner of Social Security — Court Affirms SSDI Denial Over "Occasional" vs. "Superficial" Contact

On Aug. 5, 2026, a D.C. federal judge affirmed an SSDI denial in Simms v. Commissioner of Social Security, No. 24-1605, holding an ALJ need not copy a consultant's exact wording.

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Case Law Update: Turman v. CarShield — Federal Court Compels Arbitration of Vehicle Service Contract Claim

On Aug. 7, 2026, a federal judge in Chicago granted CarShield and American Auto Shield’s motion to compel arbitration and stayed Turman v. CarShield, No. 1:26-cv-07221 (N.D. Ill.).

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Case Law Update: People's Trust v. Fernandez — Fifth DCA Says Insurer Did Not Waive Appraisal

Florida's Fifth DCA held on Aug. 7, 2026 that People's Trust did not waive appraisal by closing the claim and offering $100 to settle; it demanded appraisal in its answer.

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Case Law Update: Citizens v. Nekouee — Second DCA Holds Presuit Notice Applies to “All Suits”

Florida's Second DCA held on Aug. 14, 2026 that section 627.70152 presuit notice is required even for declaratory-judgment suits seeking no money. What it means for claims.

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Industry Insight: Florida Property Tax Cuts Could Impact Public Adjusters

S&P warns Florida's proposed property tax cuts may strain local credit ratings, potentially affecting infrastructure and emergency services crucial to property damage claims.

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