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14 Florida opinions name it 1 courts 1997–2025 5 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Florida Windstorm Underwriting v. Gajwanigreen2 sentences2023Id.; see also Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (recognizing, with respect to a similar policy provision, that “the insured has the burden to prove an exception to an exclusion contained within an insurance policy”). 2021Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (holding once an exclusion has been proven by the insurer, the burden once again is placed on the insured to demonstrate the exception to the exclusion); Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding the insured has the burden to prove an exception to an exclusion contained within an insurance policy); see also Deshazior v. Safepoint Ins. | 4 | 4 |
Pierce v. Stategreen2 sentences2014Id. (citing Pierce v. State, 133 So. 3d 1186, 1187-88 (Fla. 2d DCA 2014)). 2014Id. (citing Pierce v. State, 133 So.3d 1186, 1187-88 (Fla. 2d DCA 2014)). | 2 | 2 |
EFH v. Lexington Ins. Co.green1 sentence2021Co., 913 So. 2d 673, 678 (Fla. 3d DCA 2005) (holding once an exclusion has been proven by the insurer, the burden once again is placed on the insured to demonstrate the exception to the exclusion); Fla. Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 506 (Fla. 3d DCA 2005) (holding the insured has the burden to prove an exception to an exclusion contained within an insurance policy); see also Deshazior v. Safepoint Ins. | 1 | 1 |
Williams v. Stategreen1 sentence2010Williams v. State, 974 So.2d 405, 407 (Fla. 2d DCA 2007). | 1 | 1 |
Reich v. DEPT. OF HEALTH, BD. OF MEDICINEgreen1 sentence2008Reich v. Dep't of Health, 973 So.2d 1233, 1235 (Fla. 4th DCA 2008) (citing Dep't of Banking & Fin. v. Osborne Stern & Co., 670 So.2d 932 (Fla.1996)). | 1 | 1 |
Hudson Ins. Co. v. Double D Management Co., Inc.green1 sentence2005Co. v. Double D Management Co., Inc., 768 F.Supp. 1542, 1545 (M.D.Fla. 1991), and the Gajwanis did not offer any evidence to support an exception to the unambiguous exclusion in the policy, they clearly did not meet their burden. | 1 | 1 |
Lafarge Corporation v. Travelers Indemnity Co., Appalachian Insurance Company, Northbrook Insurance Company, First State Insurance Companygreen1 sentence2005As the insured has the burden to prove an exception to an exclusion contained within an insurance policy, see LaFarge Corp. v. Travelers Indemnity Co., 118 F.3d 1511, 1516 (11th Cir.1997); Hudson Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Frank Special v. West Boca Medical Center
green
1 sentence2025Id. | 1 | 2025–2025 |
Pennington v. State
green
1 sentence2020Pennington, 34 So. 3d at 154 ; see also Fla. R. | 1 | 2020–2020 |
Jared Bretherick v. State of Florida
red
1 sentence2018To interpret the subsection otherwise would write into the statute a requirement that is not there and quell the legislature's obvious attempt to upend the supreme court's Bretherick decision, where - 15 - our supreme court held that the person seeking Stand Your Ground immunity bore the burden to prove his immunity by a preponderance of the evidence. 170 So. 3d at 774 . | 1 | 2018–2018 |
DEPT. OF BANKING & FIN. v. Osborne Stern
green
1 sentence2008Reich v. Dep't of Health, 973 So.2d 1233, 1235 (Fla. 4th DCA 2008) (citing Dep't of Banking & Fin. v. Osborne Stern & Co., 670 So.2d 932 (Fla.1996)). | 1 | 2008–2008 |
Robertson v. Robertson
green
1 sentence1998Robertson v. Robertson, 593 So.2d 491 (Fla.1991). | 1 | 1998–1998 |
Fla. Sheriffs'self-Ins. Fund v. Escambia Cty.
green
1 sentence1997Florida Sheriff's Self-Insurance Fund v. Escambia County, 585 So.2d 461 (Fla. 1st DCA 1991). | 1 | 1997–1997 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.