Legal Opinion
Yacht Club on the Intracoastal Condominium Association, Inc. v. Lexington Insurance Company
Court of Appeals for the Eleventh Circuit
Decided January 8, 2015No. 13-12486, 13-15581, 13-15842UnpublishedCited by 28 opinions
1Opinion of the Court
JONES, District Judge:
On October 24, 2005, Hurricane Wilma struck the Florida coast. Some property owners immediately made claims with their insurance carriers. Others waited months'or even years before filing claims. The Yacht Club fell into the latter group. As a result, these appeals require us to address issues of prompt notice and the rebuttable presumption of prejudice to the insurer under Florida law. The Yacht Club also asks us to reverse the decision of the district court to award attorney’s fees to Lexington Insurance Company pursuant to Florida statute § 768.79.
I
The following facts…
2Cases cited26 opinions
- Diamond Aircraft Industries, Inc. v. HorowitchSupreme Court of Florida · 2013
- Tiedtke v. Fidelity & Casualty Company of New YorkSupreme Court of Florida · 1969
- Bankers Ins. Co. v. MacIasSupreme Court of Florida · 1985
- Mark S. Mais v. Gulf Coast Collection Bureau, Inc.Court of Appeals for the Eleventh Circuit · 2014
- Angel Cintron Rodriguez v. J.D. LamerCourt of Appeals for the Eleventh Circuit · 1995
21 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Laquer v. Citizens Property Insurance Corp.District Court of Appeal of Florida · 2015
- DAVID HIMMEL v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANYDistrict Court of Appeal of Florida · 2018
- Accident Insurance v. Greg Kennedy Builder, Inc.District Court, S.D. Alabama · 2016
- MYD Marine Distributor, Inc. v. International Paint Ltd.District Court of Appeal of Florida · 2016
- CARLOS DE LA ROSA and FANNY DE LA ROSA v. FLORIDA PENINSULA INSURANCE COMPANYDistrict Court of Appeal of Florida · 2018
23 more not listed; retrieve them via the Exa API.