In University of Miami v. Great American Assurance Company, No. 3D09-2010 (Fla. 3d. DCA Feb. 20, 2013), the Third DCA held that an insurance company had to pay for separate and independent defense counsel to defend its additional insured. The coverage dispute arose out of a ...
It took the Florida Supreme Court two years after oral argument to come to its senses and reaffirm the right of Florida policyholders to sue their insurance brokers for negligence. The Court’s decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et ...
No, all of that insurance industry money flowing into the Florida legislature has not led to a change in Fla. Stat. 627.428, Florida’s one-way attorney fee shifting statute. Loyal readers of Insurance Law Florida know that Fla. Stat. 627.428 allows policyholders to recover their attorneys ...
Once again AIG placed dead last in the Harris Interactive “Reputation Quotient” survey released last week. It is the third year in a row that AIG has been listed as America’s least reputable company. It would have been a five-peat if not for Freddie Mac’s slightly lower rating in 2010. ...
The recent appellate decision from Florida’s Fourth District Court of Appeal in GEICO General Insurance Company v. Harvey, No. 4D12-1525 (Fla. 4th DCA Jan. 23, 2013) demonstrates the limitations of Florida’s non-joinder statute, Fla. Stat. 627.4136, when it comes to asserting direct action bad faith claims. Harvey ...
Please join me for a CLE webinar sponsored by Strafford Publications on insurance policy interpretation and construction. I will be presenting along with Verne Pedro at Goldberg Segalla in Princeton, NJ and Jeremy Evans at Foley Hoag in Boston, MA. The program runs from 1:00pm-2:30pm ...
I previously discussed the American Building Materials coverage cases here. ABM II was decided against the policyholder under Massachusetts law. Judge Bucklew of the Middle District of Florida entered summary judgment in the insurer’s favor after finding that Granite State’s Total Pollution Exclusion unambiguously excluded coverage ...
Insurance coverage litigation is a lot like improv. You often deal with uncertain underlying facts, and you need to adapt quickly on the fly. One of the more difficult coverage claims to litigate is the “mysterious disappearance” claim. It seems there are a lot of ...
In most jurisdictions, an insurer’s duty to defend is determined based on what is commonly referred to as the “eight corners rule”. Under the eight corners rule, the only relevant pieces of information when determining the duty to defend are the coverage promises contained within ...
Disputed hurricane and windstorm insurance claims have been a common occurrence in Florida and the southeast U.S. Unfortunately, businesses and residents in New York and New Jersey face the prospect of similar coverage battles after the waters from Sandy subside. The destruction left by post-tropical ...
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