Category «Declaratory Judgment Actions»

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), …

The “Eight Corners” Rule to the Duty to Defend: When Eight is Not Enough

In most jurisdictions, an insurer’s duty to defend is determined based on what is commonly referred to as the “eight corners rule”.  Under the eight corners rule, the only relevant pieces of information when determining the duty to defend are the coverage promises contained within the four corners of the insurance policy and the allegations …

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 Florida Judge Robert Scola’s July 16, 2012 decision in First …

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 interesting for several reasons.  The declaratory judgment action was filed …

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 5, 2012 order in a construction defect case in …