Category «627.428 Attorney’s Fee Awards»

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 …

Florida Supreme Court Endorses Enhanced Fee Shifting For Contractual Indemnity Claims

It has been a quiet period for insurance coverage opinions in Florida.  Today I want to discuss an important decision from the Florida Supreme Court that did not involve a coverage dispute but will have an impact on coverage and indemnity disputes going forward.  The case is First Baptist Church of Cape Coral, Florida, Inc., …

Florida Supreme Court Rules First-Party Bad-Faith Insurance Claims Must Be Brought Under Section 624.155

Today marks the official start of hurricane season, and what more appropriate way to kick off the season than with a new decision from the Florida Supreme Court involving damage to a Boca Raton condo building from Hurricane Wilma, the last major hurricane to hit Florida. Yesterday’s decision in QBE Insurance Corp. v. Chalfonte Condominium …

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.”), …