Category Archives: Insurance

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

By Robin Bresky |

BOCA RATON, Fla. – Appellate attorney Robin I. Bresky, Founder and President of The Law Offices of Robin Bresky, 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… Read More »

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

By Robin Bresky |

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… Read More »

Rental Car

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

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »

Resolved in Favor of the Innocent Co-insured

By Robin Bresky |

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… Read More »