Category «Defense Costs»

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 …

Myth #4: Deductibles And Self-Insured Retentions Are The Same Thing

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, …