Fifth District Court of Appeal holds that insured may recover extra-contractual, consequential damages in first-party property case without demonstrating bad faith

By May 31, 2019 Newsletters - 2019

In Manor House, LLC Ocean View LLC and Merritt, LLC v. Citizens Property Ins. Corp., Case No. 5D17-2841, May 31, 2019, the Fifth District Court of Appeal held that where Citizens allegedly breached its policy with the insureds by failing to pay the undisputed amount of the insureds’ claim and otherwise failing to properly adjust the insureds’ loss, the insured could seek consequential damages, over and above the insurance benefits the carrier allegedly owed.  This was so despite the fact that Citizens is statutorily immune from suit for bad faith.  

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Supreme Court revives Daubert in Florida

By May 23, 2019 Newsletters - 2019

This morning, the newly reconstituted Florida Supreme Court has done an about-face on the issue of whether the Frye or Daubert standards govern the admissibility of evidence in Florida. 

In 2013, the Florida legislature adopted the Daubert standard of admissibility, which is narrower than the Frye standard, which only excluded new or novel scientific techniques lacking general acceptance.  Under the amended statute 90.702:  

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Jayne Pittman Named Managing Partner of Conroy Simberg’s Orlando Office

By May 15, 2019 Newsletters - 2019

We are excited to announce that Jayne Ann Skrzysowski-Pittman has been named Managing Partner of the firm's Orlando office. Jayne is a Board Certified Construction Lawyer by the Florida Bar who serves as Chair of the firm’s Construction Practice Group.   Jayne is a graduate of the University of Miami School of Law and a veteran of the U.S. Army serving in the JAG Corps.  Jayne has been a litigator for more than 23 years and has been with Conroy Simberg for 15 years. 

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