Appellate Attorney Robin I. Bresky Honored With 2019 Soroptimist International Women of Distinction Award

BOCA RATON, Fla. – Appellate attorney Robin I. Bresky, Founder and President of Bresky Law, won the 2019 Soroptimist International Women of Distinction award in the category of Community Involvement. Bresky was recognized for her many contributions to Legal Aid Society of Palm Beach County where she has served as a board member for the...

Florida Supreme Court Determines Which Theory of Recovery Applies Under Insurance Policy When Both Included and Excluded Perils Converge to Cause Loss

Sebo v. American Home Assurance Company, Inc., Case No. SC14-897 (Fla. Dec. 1, 2016)* If your homeowner’s insurance policy includes coverage for rainwater damage but excludes construction defects, how should a court determine whether your loss is covered when your home suffers a loss where both factors clearly converge and act in concert and there...

Florida Supreme Court Agrees that Rental-Car Drivers Must Be Treated Equally After Red-Light Camera Violations

City of Fort Lauderdale v. Dhar, 41 Fla. L. Weekly S 61 (Fla. 2016) On February 25, 2016, the Florida Supreme Court decided that section 316.0083, Florida Statutes (2012) was unconstitutional as applied to short-term vehicle renters because there was no rational basis to justify treating short-term renters differently than registered owners and registered long-time...

Mission Impossible: Fourth DCA Grants Petition For Writ of Certiorari Where Circuit Court Dismissed Appeal For Failure to Comply With Order

United Automobile Ins. Co. v. Millennium Radiology, LLC Case No: 4D11-3248 United Automobile Insurance Company (“United”) appealed a county court order to the circuit court sitting in its appellate capacity. The circuit court panel believed that the order was not appealable as originally rendered, and issued an order to United to show cause why the appeal...

Fourth DCA Settles Dispute over Collapsed Roof between J.C. Penny and Dillard’s

J.C. Penney Company, Inc. v. Dillard’s, Inc. Case No. 4D10-1770 JCPenney sued Dillard’s for damage to its store at the Turtle Creek Mall in Mississippi. In 2005, the roof over the Dillard’s store (which was adjacent to the JCP store) collapsed from Hurricane Katrina, severing a sprinkler main and causing uncontrolled water flow into the mall...

Insureds’ Entitlement to Attorney’s Fees Resolved – Win at the Fourth District Court of Appeal

Rahabi v. FIGA Case No. 4D10-846* The issue on appeal was whether our clients were entitled to an award of attorney’s fees because FIGA affirmatively denied our clients’ claim under the insurance policy prior to paying the appraisal award. Our clients’ roof was damaged by Hurricane Wilma in 2005. Our clients sought coverage under the...

Resolved in Favor of the Innocent Co-insured

The issue as to whether or not an insurance company can deny coverage to an innocent co-insured based on the failure of a spouse to attend an examination under oath (EUO) was resolved in favor of our client, the innocent co-insured. Our client’s home was burglarized by an unknown assailant. The client preformed all conditions...