Archive for July, 2012

July 26, 2012 Trigger

Trigger Revisited: The Return Of Injury-in-Fact Trigger In Florida

The insurance concept of “trigger” is a bit esoteric, so let’s start with a little background.  Trigger is one of the most important concepts in insurance law.  It is also one of the most misunderstood.  It is often mistaken for allocation, but the two concepts ...

July 20, 2012 Chinese Drywall

Deni Strikes Again: Total Pollution Exclusion Eliminates Coverage For Chinese Drywall Claims

The Florida Supreme Court’s decision in Deni Associates of Florida, Inc. v. State Farm Fire & Casualty Insurance Co., 711 So.2d 1135 (Fla. 1998) continues to haunt Florida policyholders with Total Pollution Exclusions in their general liability policies.  This time it was Southern District of ...