Category «Coblentz Agreements»

Florida Appellate Court Rules Policyholder May Control Its Own Defense When Insurer Reserves Rights

I still need to catch up on several important Florida coverage decisions from this summer, but I could not wait to discuss this new coverage opinion out of the Third District Court of Appeal in Miami.  The case is Geico General Ins. Co. v. Rodriguez, Nos. 3D11-2905 & 3D12-506 (Fla. 3rd DCA Sept. 10, 2014), …

Middle District Of Florida Reiterates Florida’s Injury-In-Fact Trigger Rule

I have written about the insurance law concept of “trigger” several times before, most recently in the context of the Middle District of Florida’s decision in Axis Surplus Insurance Co. v. Contravest Construction Co., 921 F. Supp.2d 1338 (M.D. Fla. 2012).  An Insurance Law Florida reader from Colorado recently asked for an update on Florida …

Florida Non-Joinder Statute, Fla. Stat. § 627.4136, Prevents Direct Action of Bad Faith Claim Under Fla. Stat. § 624.155

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 arose out of a horrific automobile accident in which the …