Failure to Issue a Reservation of Rights, and to Address an Insured’s Affirmative Defenses in a Coverage Dispute, May Preclude Denial of an Otherwise Excluded Claim
A recent Florida state court opinion emphasizes the importance of an insurer’s obligations in the event of a liability claim against an insured and a subsequent coverage dispute with that insuFlorida Court Requires Plaintiff to Plead More Facts About a Cause of Loss
The U.S. District Court for the Middle District of Florida dismissed a property insurance case after holding that ambiguous, non-specific pleading of a cause of loss is not enough. Causation is oftenFlorida Bridge Collapse Resolution Offers Workaround for Multiple Claimant Scenarios
A recent bankruptcy plan filed by Munilla Construction Management (MCM)–the general contractor for the failed pedestrian bridge at Florida International University (FIU)–paves the way fFlorida Bridge Collapse Resolution Offers Workaround for Multiple Claimant Scenarios
A recent bankruptcy plan filed by Munilla Construction Management (MCM)–the general contractor for the failed pedestrian bridge at Florida International University (FIU)–paves the way fFederal Court Crusades for Serial Comma, Holds No Coverage for Inflatable Beach Ball
When a festival-goer is injured by a flying beach ball, does a general liability insurer have to pay for any ensuing loss? Is the serial comma (sometimes referred to as the Oxford comma) dead? Both qFederal Judge Finds Mischievous Raccoons Incapable of Engaging in Vandalism or Malicious Mischief
A federal judge in the Western District of Pennsylvania dismissed a breach of contract and bad faith suit against an insurer by finding that a group of mischievous raccoons was incapable of committinFlorida’s Assignment of Benefits Reform Bill Becomes Law Ahead of Peak Hurricane Season
Florida’s new Assignment of Benefits (AOB) reform bill became law on July 1, 2019, a short time ahead of the peak of this year’s hurricane season. Time will tell if it results in the amFlorida Ends Waiting Game and Creates Statutory Right of Contribution for Defense Costs
While Florida’s new Omnibus Insurance Bill for the most part updates laws relating to Florida surplus lines, its provision relating to a right of contribution for defense costs will have far-rFifth Circuit: False Imprisonment Caused “Bodily Injury†During Subsequent Policy Periods Sufficient to Trigger Coverage
In a notable deviation from decisions across the country, the Fifth Circuit recently ruled that injuries from false imprisonment could be sustained after the actual false imprisonment itself ended, tFlorida Appellate Court Narrows Exception to Four Corners Rule
The general rule for determining whether a duty to defend exists for a particular claim is easily stated. If the allegations against the insured fall within the scope of coverage afforded by a liabilFourth Circuit Holds that Insured Must Strictly Comply with Notice Conditions
The U.S. Court of Appeals for the Fourth Circuit, applying South Carolina law, recently held that an insurer had no duty to indemnify its insured for a default judgment on late notice grounds becauseFEMA Rescinds Prior Ruling that Halted National Flood Insurance Program during Government Shutdown after Wave of Backlash from Insurance Industry
In the midst of the partial federal government shutdown, on Wednesday, December 26th, the Federal Emergency Management Agency (FEMA) announced that the National Flood Insurance Program (NFIP), the maFEMA Rescinds Prior Ruling that Halted National Flood Insurance Program during Government Shutdown after Wave of Backlash from Insurance Industry
In the midst of the partial federal government shutdown, on Wednesday, December 26th, the Federal Emergency Management Agency (FEMA) announced that the National Flood Insurance Program (NFIP), the maFlorida’s Statutory Sovereign Immunity Language Inserted Into Any Government Liability Policy Takes Precedence Over the Policy’s Definition of “Occurrenceâ€
In Florida, as in most jurisdictions, government agencies may be subject to liability for tortious acts, with the recovery limit capped by law. A recent decision, State of Florida v. Barnett, exploresFirst of its Kind: Yahoo Settles Securities Litigation for $80 Million
Yahoo’s recently-announced $80 million settlement of its data breach-related securities lawsuit may be a signal that the plaintiffs’ bar is going to pivot away from pursuing these claimsFrankly, My Dear, I Don’t Give a “Damâ€: Seventh Circuit Holds Professional Liability Insurer Off the Hook in Neighborhood Dispute Tangentially Related to Unobtained Dam Permit
In Madison Mutual Insurance Co. v. Diamond State Insurance Co., No. 15-3292 (7th Cir. Mar. 21, 2017), the Seventh Circuit handed down a decision delineating the obligations between a professional liabFrankly, My Dear, I Don’t Give a “Damâ€: Seventh Circuit Holds Professional Liability Insurer Off the Hook in Neighborhood Dispute Tangentially Related to Unobtained Dam Permit
In Madison Mutual Insurance Co. v. Diamond State Insurance Co., No. 15-3292 (7th Cir. Mar. 21, 2017), the Seventh Circuit handed down a decision delineating the obligations between a professional liabFive Yards for Encroachment: Prematurity Doctrines Found to Preclude Insurer’s Use of Extrinsic Evidence to Evade Coverage
In Pekin Insurance Co. v. St. Paul Lutheran Church, 2016 IL App (4th) 150966, the Illinois Appellate Court refused, based on the Prematurity Doctrine, to consider extrinsic evidence in an insurerâ€Five Yards for Encroachment: Prematurity Doctrines Found to Preclude Insurer’s Use of Extrinsic Evidence to Evade Coverage
In Pekin Insurance Co. v. St. Paul Lutheran Church, 2016 IL App (4th) 150966, the Illinois Appellate Court refused, based on the Prematurity Doctrine, to consider extrinsic evidence in an insurerâ€Meet The Experts
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