December 2, 2016 roof-leak

Florida Supreme Court Reaffirms Concurrent Cause Doctrine

I have a couple of other cases I want to write about, but it is not often that the Florida Supreme Court hands down an important insurance law decision, so those other cases will have to wait.  Yesterday, in Sebo v. American Home Assurance Co., Case […]

August 3, 2016 Florida Supreme Court

Florida Supreme Court to Decide if Florida 558 Proceeding is a “Suit” Triggering a Duty to Defend

I previously wrote here about Judge Marra’s decision in the Southern District of Florida in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13-80831-CIV, 2015 WL 3539755, 2015 U.S. Dist. LEXIS 72466 (S.D. Fla. June 4, 2015). The question in that case […]

May 31, 2016 Villa Vizcaya Miami

Severability Clause Saves Coverage For Additional Insureds

It has been a fairly quiet first half of 2016 for insurance law decisions in Florida.  Several important cases are pending with Florida appellate courts, and as the weather heats up hopefully some of those decisions will be released.  In the meantime, I want to […]

December 18, 2015 Sapphire Condo

Triggering Coverage For Construction Defect Claims in Florida & Potential Coverage Gaps For Florida 558 Proceedings

Triggering an insurer’s duty to defend is an important first step in any insurance coverage claim.  Typically, an insurer’s duty to defend is triggered when the insurer receives notice of a lawsuit filed against its policyholder.  But disputes can arise when a policyholder is required […]

October 8, 2015 Direct General

Insurer Loses Its Own Coverage Due to Earlier “Related Claim”

It has been a slow summer down in the swamp for Florida insurance law decisions.  It has been too hot to crank out opinions.  But now that fall is here and the mercury has dropped below 80, the decisions are starting to flow again.  A […]

May 19, 2015 Mars Attacks!

Florida Comes Full Circle On Injury-In-Fact Trigger

I have written several times on what it means to “trigger” an insurance policy for a long-tail claim (see here, here, and here).  Long-tail claims stretch over several years of coverage. Examples are environmental claims, latent bodily injury claims, and many types of construction defect […]

April 27, 2015 Rope-a-Dope

No D&O Coverage For Civil Theft Judgment

We do not get a lot of D&O coverage decisions in Florida, so any time there is a decision in this area it is noteworthy.  The recent decision in Twin City Fire Ins. Co. v. CR Technologies, Inc., 13-cv-80998-RLR, 2015 WL 1055382 (S.D. Fla. Mar. […]

February 27, 2015 Sinkhole Damage

New Florida Appellate Decisions on Rescission, Coverage For Prevailing Party Fees

Today I want to discuss two important recent Florida appellate decisions addressing insurance law topics.  The first decision, Mora v. Tower Hill Prime Ins. Co., Case No. 2D13-4125 (Fla. 2d DCA Jan. 23, 2015), involved a common underhanded insurer tactic: try to avoid paying a valid […]

December 31, 2014 Caribbean Beach Club

Florida Insurance Law 2014 Second-Half Review

One of my New Year’s resolutions for 2015 is to post more regularly to this blog.  It was a very busy 2014, especially the second half of the year, and I have not been able to provide updates as frequently as I would like.  So […]

September 11, 2014 Growing Up Fisher

Florida Appellate Court Rules Policyholder May Control Its Own Defense When Insurer Reserves Rights

I still need to catch up on several important Florida coverage decisions from this summer, but I could not wait to discuss this new coverage opinion out of the Third District Court of Appeal in Miami.  The case is Geico General Ins. Co. v. Rodriguez, […]