Category «Duty to Indemnify»

Florida Insurance Law 2014 Second-Half Review

One of my New Year’s resolutions for 2015 is to post more regularly to this blog.  It was a very busy 2014, especially the second half of the year, and I have not been able to provide updates as frequently as I would like.  So before we ring in the new year, let’s review some …

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 …

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 …

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. v. J.S.U.B., Inc., 979 So. 2d 871 (Fla. 2007) (“J.S.U.B.”), …