Tag Archives: QBE

Public Adjuster Qualified to Testify in Florida Federal District Court- No Daubert Hearing

If you have been following our blog, you might have read Expert Witnesses Must Remember Three Steps: (1) Qualifications (2) Reliability, and (3) Helpfulness, which discussed the U.S. District Court ruling in  Palm Bay Yacht Club Condo. Ass’n, Inc. v. QBE Ins. Corp., 10-23685-CIV, 2012 WL 1345317 (S.D. Fla. Apr. 18, 2012). In that case, … Continue Reading

Importance Of An Actual Controversy Demonstrated As Southern District Court Of Florida Dismisses And Stays Action Against QBE As Speculative

The Southern District Court of Florida recently dismissed a policyholder’s case against QBE and granted a stay of the action in a lawsuit stemming from Hurricane Wilma. Garden-Aire Village South Condo. Assoc., Inc. v. QBE Insurance Corp., No. 10–61985, 2011 WL 1184737 (S.D. Fla. March 31, 2011). The policyholder filed the lawsuit against QBE on … Continue Reading

QBE Insurance Case Rewrites Replacement Cost Adjustment

What judges say is contemplated under an insurance policy is not always what adjusters are taught and do in the field. Jeremy Tyler noted in Prevention of Performance with Replacement Cost Value, that a new appellate decision involving QBE rewrites how insurance companies may adjust property losses in Florida. Many will read Buckley Towers Condo., Inc. … Continue Reading

QBE Loses Fraud Appeal–Bad Faith Lawsuit Next

QBE Insurance Corporation claims its condominium customers commit fraud virtually every time a lawsuit is filed against it for payment of a property insurance claim in Florida. Last week, a federal trial court judgment against QBE was upheld in Vantage View, Inc. v. QBE Ins. Corp., No. 09-12128, 2010 WL 3550030 (11th Cir. September 14, … Continue Reading

An Insurer’s Participation in Appraisal and Payment of Appraisal Award Does Not Necessarily Preclude a Statutory Bad Faith Claim

Just a few weeks ago, the Fort Myers Division of the United States District Court for the Middle District of Florida handed down its memorandum opinion on the insurer’s motion for summary judgment in Royal Marco Point I Condo. Ass’n, Inc. v. QBE Ins. Corp., No. 3:07 CV 16, 2010 WL 2757240 (M.D. Fla. July … Continue Reading

A Confusing Oral Argument in QBE vs. Chalfonte Baffles the Florida Supreme Court Regarding First Party Bad Faith

Florida Supreme Court justices seemed as bewildered as I when policyholder’s counsel explained last Thursday that he was not arguing a "bad faith" case. I will be the first to say that a "bad faith" case is really a lack of "good faith" case since the standard is whether the insurance company breached the obligation … Continue Reading

QBE Wins Again!!

Bill Berk called me yesterday regarding the upcoming Windstorm Conference next week. During our discussion, he mentioned that his partner, Evelyn Mercahant, won a trial for QBE against a condominium association represented by a very good trial attorney, Daniel Rosenbaum. The Association was seeking millions, but the jury awarded zero.… Continue Reading

Practical Practice Pointers Regarding Three Valuation Cases Recently Discussed on This Blog

While reading Michelle Claverol’s post yesterday, Understanding Replacement Cost Coverage: Valuation Issues in Florida, Part 5, I had some personal thoughts on two cases she discussed. I also want to emphasize a very significant case we noted last week in Court Finds State Farm Cannot Withhold Money After Appraisal Award for Sinkhole Remediation. There are … Continue Reading