January 5, 2021
In the article titled “Insurers Win Most – But Not All – Covid Business-Loss Lawsuits” (Nov. 27, 2020), Bloomberg reported on insurance companies’ success in defending denials of COVID-19-related business interruption insurance claims in courts across the country. The case cited as a notable exception was Urogynecology Specialist of Florida LLC v. Sentinel Insurance CO. Ltd., in which Imran Malik represented the plaintiff in federal district court in Florida and won against the insurance company. (Read more about this case here.) What makes this case so notable is that the judge recognized that virus exclusion provisions in business insurance policies […]
November 6, 2020
On September 24th, the U.S. District Court for the Middle District of Florida ruled in favor of Malik Law’s client, Urogynecology Specialist of Florida, in a decision that signals possibilities for winning coverage for business interruption losses due to COVID-19. Across the country, more than a thousand lawsuits related to insurance coverage for COVID-19-related losses have been filed against insurance companies, and In approximately 25 percent of these cases, the insurer-defendants have filed early motions to dismiss. So far, the courts have ruled in favor of the plaintiff-policyholders in only 6 of these cases. Urogynecology Specialist’s case is one of […]
July 10, 2018
In what is a landmark ruling, Malik Law recently prevailed against Citizens Insurance regarding their new appraisal demands on water remediation claims. Respected Judge Flury in Leon County agreed with Plaintiff’s argument that appraisal cannot be applicable to emergency service measures provided as a result of a sudden water loss. The argument has morphed into an extremely technical and complicated arguing regarding policy language in various parts of Citizens policy. Fortunately, Judge Flury understood the merits of the argument very well and issued an Order denying Defendant’s Motion to Compel Appraisal. Another important factor is Leon County is where Citizens […]
July 9, 2018
Malik Law is pleased to announce that is recently prevailed against FEDERATED National Insurance Company on a Motion to Dismiss Plaintiff’s complaint based upon the argument that only one “insured” assigned benefits under the policy. In what is one of the most comprehensive and well articulated Orders issued on this subject by Judge Micheal Raiden, in Polk County, the Court found no merit to the Defendants most argued position that an Assignment of Benefits is not valid if only signed by one insured. Often times, homeowners are away working and many contractors cannot get all the necessary signatures before commencing […]
June 29, 2018
Our clients sustained a devastating water loss in their home in the Villages. The house had been extensively damaged by water and mold as a result of a water loss from their bathroom. They filed a claim with their insurance who summarily denied it based on the 14 water damage exclusion. The exclusion effectively states that the insurance company is not responsible for providing coverage if the water damage had been occurring over a period of 14 days or more. Our position was that any damage that occurred to the property during days 1 through 14 of the loss should […]