We do not get a lot of D&O coverage decisions in Florida, so any time there is a decision in this area it is noteworthy. The recent decision in Twin City Fire Ins. Co. v. CR Technologies, Inc., 13-cv-80998-RLR, 2015 WL 1055382 (S.D. Fla. Mar. 11, 2015) does not contain much in the way of …
Today I want to discuss two important recent Florida appellate decisions addressing insurance law topics. The first decision, Mora v. Tower Hill Prime Ins. Co., Case No. 2D13-4125 (Fla. 2d DCA Jan. 23, 2015), involved a common underhanded insurer tactic: try to avoid paying a valid claim by searching for errors in the application. In Mora, …
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 …
I still need to catch up on several important Florida coverage decisions from this summer, but I could not wait to discuss this new coverage opinion out of the Third District Court of Appeal in Miami. The case is Geico General Ins. Co. v. Rodriguez, Nos. 3D11-2905 & 3D12-506 (Fla. 3rd DCA Sept. 10, 2014), …
It has been a busy summer, and we have a lot of catching up to do on all of the important insurance decisions from Florida courts this summer. I know I have been derelict in posting regularly, so now that Labor Day is approaching and the kids are back in school, it is time to …
It may have seemed like déjà vu for the Eleventh Circuit to get another coverage dispute over junk faxes. But that is just what happened in Interline Brands, Inc. v. Chartis Specialty Insurance Co., No. 13-10025 (11th Cir. Apr. 15, 2014). The Eleventh Circuit had previously certified to the Florida Supreme Court a question regarding …
Please join me for another CLE program I am presenting for Strafford Publications on Wednesday, April 16, 2014, from 1pm to 2:30pm EST. The topic of this week’s program is CGL Exclusions: Navigating Contractual Liability, Business Risk, Third-Party Over, and Data Breach Exclusions. I will present the issues from the policyholder perspective and Bob Marshall from Nicolaides Fink …
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 …
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. …
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 …