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.  

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:  

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. 

Pamela S. Moody, a partner in our firm's West Palm Beach office, has practiced in the field of first party property insurance defense for more than 33 years. She has handled an array of complex commercial property and coverage disputes as well as extensive matters involving homeowner claims from initial investigation through trial. In addition to her litigation work she has assisted carriers in developing effective in-house early claims resolution programs.