Category «Burden of Proof»
Southern District of Florida Voids Coverage For Pre-Tender Defense Costs
I have been meaning for some time to write about Judge Kenneth Marra’s decision in Embroidme.com, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 7715 (S.D. Fla. Jan. 23, 2014). Let me start by saying that Judge Marra is a great judge. But this decision is terribly flawed. It is now …
Whose Burden Is It, Anyway?
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 claims out there where nobody knows exactly when something went …