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. …
Number of occurrences is a critical issue in many insurance coverage disputes. In the World Trade Center coverage cases, it was a billion dollar issue. The dispute arises in everything from product liability coverage cases, to environmental coverage cases, to automobile and dog bite cases. Number of occurrences cuts both ways in coverage litigation. In …
Thanks everyone who listened in on the Strafford CLE program on deductibles and self-insured retentions. It was a great turn out and there were so many questions (I guess folks were actually listening). Several people have asked me for copies of the materials. Here is a set of my slides in PDF format. The complete presentation …
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% …
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, …
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 …