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Is OC’s Case Really Controlling?

December 8, 2023

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In arguing that an insurance policy provides coverage, some plaintiffs, on the theory that “it just ain’t right for the insurer not to pay,” focus on distinguishable cases and ignore on-point decisions from other districts. 


Recently, in Peoples Trust insurance v. Diaz, Florida’s Fifth District Court of Appeal reminded the Bar that it will not hesitate to follow on-point decisions from its sister courts, even where those decisions distinguish its own case law.


The takeaway:  Review your opponent’s case law carefully and do not hesitate to argue on-point decisions from another district, even those distinguishing a decision from your own district, where the facts warrant it.

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