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* Danahy & Murray is working to change the Florida law to help insureds. One such change involves an amendment to Florida Rule of Civil procedure 9.130 proposed by Matt Danahy. The change will help Florida insureds to take appeals from trial court decisions requiring them to participate in the contractual appraisal process under their insurance policy. In many cases, the appraisal process is not only contrary to the insured’s best interests, but has been waived by the insurance company’s conduct. The amendment was adopted by the Florida Supreme Court and became effective on January 1st, 2009 see; Fla. Rule of Appellate Procedure 9.130(a)(3)(C)(iv).
* In a hurricane claim pending in Federal Court, Matt Danahy and David Murray represented a condominium association in Port Charlotte, Florida in its claim for damages against Allstate Insurance Company. Prior to suit, Allstate had paid less than one-fourth (1/4) of the total damages eventually paid in settlement of the claim. The claim was settled for an additional payment of $2,950,000.00.
* Danahy & Murray obtained a confidential settlement against an insurer on behalf of an insured business which had sustained property damage and lost income when a car drove into the business property. The insurance company for the business had failed to pay any amount of damages on the claim for a year at the time suit was filed. In deposition, the insurance company’s adjuster admitted contract damages were owed to the insured and could not explain why those amounts had not been paid. A confidential settlement included payment of the full amount of the insured’s contract damages as well as attorney’s fees and costs. This settlement also included payment of significant damages to the insured to release its “bad faith” claim against the insurer for its wrongful conduct.
* Danahy & Murray has represented numerous insureds with hurricane claims against State Farm Florida Insurance Company. Matt Danahy and David Murray have resolved several of these claims on both a confidential and non-confidential basis, involving the payment of significant damages. Those damages include amounts specifically identified for the purpose of settling the insureds’ right to prosecute a “bad faith” claim against State Farm.
* In a hurricane claim in which Danahy & Murray represented a condominium association in North Palm Beach, Florida for damages against its insurer, attorney Matt Danahy successfully resolved the claim for $1,100,000.00.
* Danahy & Murray is a leader in prosecuting claims against Florida insurers who fail to pay contractor’s overhead and profit as part of an insured’s property damage claim contrary to the terms of the insurance policy. The firm has obtained numerous orders from Florida courts confirming that insurers have breached their contract with their insureds by failing to unconditionally pay overhead and profit. Further, Danahy & Murray has conducted discovery into the practices of numerous Florida insurance companies to discover the basis for their practice in withholding or failing to pay overhead and profit on their insured’s property claims. Where an insured's policy does not permit the insurance company to withhold or conditionally pay overhead and profit , Danahy & Murray will continue to expose and prevent this practice. The firm currently has a class action pending against Citizens Property Insurance Corporation regarding this issue.
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