Category «Duty to Cooperate»

Two Wrongs Can Make It Right

There are few things I hate more than seeing a policyholder forfeit coverage.  Most of my claims involve close calls, or unsettled or novel areas of the law.  Sometimes the claim is the type that is clearly covered, but the insurer refuses to provide coverage because it asserts the policyholder forfeited the coverage due to …

Southern District of Florida Voids Coverage For Pre-Tender Defense Costs

I have been meaning for some time to write about Judge Kenneth Marra’s decision in Embroidme.com, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 7715 (S.D. Fla. Jan. 23, 2014).  Let me start by saying that Judge Marra is a great judge.  But this decision is terribly flawed.  It is now …

Commercial Insurance Issues Raised by Superstorm Sandy

Disputed hurricane and windstorm insurance claims have been a common occurrence in Florida and the southeast U.S.  Unfortunately, businesses and residents in New York and New Jersey face the prospect of similar coverage battles after the waters from Sandy subside.  The destruction left by post-tropical storm Sandy may not rival Hurricane Katrina, but likely will …