Category «Additional Insured»

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 …

Florida Supreme Court Allows Third-Party Payments To Satisfy Self-Insured Retention

The Florida Supreme Court, on questions certified by the Eleventh Circuit Court of Appeals, determined that a policyholder need not pay out of pocket to exhaust its policy’s self-insured retention (“SIR”), but could instead rely on payments made by another insurance company.  The decision, Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., No. …

In “Other Insurance” News: “Escape Clause” Beats “Excess Clause”

I know “other insurance” issues can be esoteric, but they are also increasingly important to insurance disputes.  They are so important that I did a CLE presentation recently that focused almost exclusively on the impact of the “other insurance” clause on deductibles and self-insured retentions (program materials can be found here). The “other insurance” clause …

Myth #5: Certificates Of Insurance Add Additional Insureds

There has been so much going on lately that I have not had a chance to get back to my installment series, “Top 10 Commercial Insurance Myths & Misconceptions”.  To recap, we have covered #1-4: 1.  Your Business Is “Fully Covered”. 2.  Policy Forms Are “Standard” And Cannot Be Negotiated. 3.  Fraud Claims Are Not …

Strafford CLE Tomorrow On Self-Insured Retentions And Deductibles

It’s not too late to sign up for tomorrow’s CLE webinar sponsored by Strafford.  I will be presenting along with Chris Ferragamo at Jackson & Campbell and Verne Pedro at Goldberg Segalla.  The program runs from 1:00pm-2:30pm EDT.  For complete details on the program, click the following link: http://www.straffordpub.com/products/tlwivm1nza?trk=ZDFCT Readers of Insurance Law Florida get a 50% …

Myth #4: Deductibles And Self-Insured Retentions Are The Same Thing

Lawyers and business people often use the terms self-insured retention (“SIR”) and deductible interchangeably, but there are important differences. When a policy has a deductible, the insurer is obligated to defend and indemnify on a first-dollar basis. The amount of the deductible is then reimbursed by the policyholder at the end of the claim. In contrast, …

Myth #2: Policy Forms Are “Standard” And Cannot Be Negotiated

Let’s start with a little background.  Since the McCarran-Ferguson Act  was passed by Congress in 1945, the insurance industry largely has been exempt from federal regulation.  That includes (with some limited exceptions) federal antitrust law.  So things that most companies cannot do (for example, all major banks agreeing to offer the same paltry interest rates …

Top 10 Commercial Insurance Myths & Misconceptions

Commercial insurance is complicated, and decisions regarding what insurance to buy and whether to assert or pursue an insurance claim frequently are based on false assumptions about what risks are covered.  Below is a list of 10 of the most common misconceptions regarding commercial liability insurance.  In the coming days, I will examine each of …