Wade Clark Mulcahy LLP

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.