STORY FROM: Superstorm Sandy Insurance Litigation

Fraud Claim Against Force-Placed Insurance Time-Barred, Fla. Federal Judge Rules

ORLANDO, Fla. — A claim accusing the provider of force-placed insurance of falsely representing claim payment terms to homeowners is time-barred under Florida law because the plaintiffs’ claim accrued in 2009, when their property was condemned, a federal judge has ruled.

In an Oct. 4 order, Gregory A. Presnell of the U.S. District Court for the Middle District of Florida, also dismissed without prejudice the plaintiff’s second claim accusing the insurance provider of fraud, ruling that it was not pled with the required specificity.

Juan and Ida Cruz owned a house in Winter Springs, Fla. In August 2004, Hurricane Charley ...

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Barkett Law
Carlton Fields Jorden Burt
William G. Osborne

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