February 27, 2017

The “Intentional Injury Exclusion” Does Not Mean What Your Insurer Would Like It To Mean

A while back I wrote a series entitled, “Top 10 Commercial Insurance Myths & Misconceptions.” I did not cover the “Intentional Injury Exclusion” in that series, but perhaps I should have. Insurers continue to try to use this exclusion to argue that there is no coverage for injury or damage caused by a policyholder’s “intentional […]

December 2, 2016

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 No. SC 14-897 (Fla. Dec. 1, 2016), the Florida Supreme Court […]

August 3, 2016

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 was whether a Florida 558 proceeding constitutes a “suit” that […]

May 31, 2016

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 discuss a common general liability insurance clause addressed in a […]

December 18, 2015

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 to respond to a claim that falls short of litigation, […]

October 8, 2015

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 recent decision out of the Southern District of Florida, Direct […]

May 19, 2015

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 claims.  Unlike a single-point-trigger claim, like a car accident or […]

April 27, 2015

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. 11, 2015) does not contain much in the way of […]

February 27, 2015

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 claim by searching for errors in the application.  In Mora, […]

December 31, 2014

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 before we ring in the new year, let’s review some […]