Construction Defects

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 ...

May 18, 2012 Gulf Reflections

Duty to Defend Owed In Chinese Drywall Case

This April 9, 2012 decision (Great American Fidelity Insurance Co. and Great American E&S Insurance Co. v. JWR Construction Services Inc. and Gulf Reflections Condominium Association, No. 10-61423 (S.D. Fla. April 9, 2012)) by Judge Huck of the Southern District of Florida (Fort Lauderdale) is ...

March 23, 2012 Trigger

It’s All About Trigger: Eleventh Circuit Re-Examines Insurance Coverage For Defective Work Under J.S.U.B. & Pozzi Window

The Eleventh Circuit recently issued a lengthy opinion in Amerisure Mut. Ins. Co. v. Auchter Co., No. 10-10960 (11th Cir. Mar. 15, 2012) (“Auchter”), in which it dove back into insurance coverage issues involving construction defects. Unlike the Florida Supreme Court decisions in United States Fire Ins. Co. ...

March 15, 2012 Chinese Drywall

Chinese Drywall Insurance Coverage Update: A Tale of Two Pollution Exclusions

On March 2, Auto-Owners Insurance Company dropped its Eleventh Circuit appeal of a Middle District of Florida decision granting summary judgment to its policyholder on defense and indemnity coverage for Chinese drywall liabilities.  The district court’s opinion, authored by Judge Susan Bucklew in Tampa, denied Auto-Owners’ summary judgment ...

February 10, 2012 Catch-22

Beware Oceanside 932: Failure to Produce Insurance Policies Puts Defendant in Default

This is for the insurance defense lawyers out there, and the plaintiffs’ lawyers who love to make their lives miserable. One of my loyal readers in Jacksonville (my friend and former partner at Gunster, construction law guru Ed Whelan) sent me a copy of this ...

January 25, 2012 Crane Accident

Duty to Indemnify Determination Premature While Liability Case is Pending

Insurance companies often are first out of the box to file a declaratory judgement action concerning coverage.  Many times the goal of the insurer is to cut off its duty to defend its policyholder in a pending liability lawsuit.  Because the duty to defend is broader ...