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 …

Florida Appellate Court Rules Policyholder May Control Its Own Defense When Insurer Reserves Rights

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), …

Eleventh Circuit Enforces Broad Statutory Exclusion To Deny Junk Fax Coverage

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 …

CGL Exclusions CLE This Wednesday at 1:00pm EST

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 …

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 …

Florida Supreme Court Allows Third-Party Payments To Satisfy Self-Insured Retention

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. …

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 …

Join Us For A CLE Webinar On Discovery And Work Product Issues In Insurance Disputes: Jan. 22, 2014 @ 1pm

I will be presenting along with Lou Chiafullo at McCarter & English and Eric Portuguese at Lester Schwab Katz & Dwyer at a webinar sponsored by Strafford Publications.  The program runs from 1:00pm-2:30pm EDT.  For complete details on the program, or to register, click here: http://www.straffordpub.com/products/insurance-litigation-and-work-product-obtaining-or-protecting-documents-in-coverage-and-bad-faith-claims-2014-01-22?print=true I hope you will join us.