Brennah S. Toomey | Phelps Dunbar A Florida appellate court affirmed summary judgment entered in favor of insureds after determining that the policy wording applicable to the loss was ambiguous. Security First Ins. Co. v. Vazquez, No. 5D20-2528, 2022 Fla. App. LEXIS 1205, 47 Fla. L. Weekly D487b (Fla. 5th DCA, Feb. 18, 2022). The insureds reported… Continue reading Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs
Tag: insurance coverage
Court Finds No Coverage for Workplace “Prank” With Nail Gun
Craig Rokuson | Traub Lieberman In the recent case of Metro. Prop. & Cas. Ins. Co. v. Burby, 2022 NY Slip Op 22070, ¶ 1 (Sup. Ct.) Justice Richard M. Platkin of the Supreme Court of Albany County, New York examined a homeowners insurance policy and determined that a duty to defend was triggered in a case… Continue reading Court Finds No Coverage for Workplace “Prank” With Nail Gun
Paying The Ultimate Premium: Does Your Insurance Cover Property Damage Or Will You Be Left Holding the Bag?
Anna-Bryce Hobson | Bradley Arant Boult Cummings A recent decision by the Eleventh Circuit (the federal appeals court supervising trial courts in Florida, Georgia, and Alabama) sheds light on at least one way that insurers with complicated policies (and a host of exclusions) may avoid providing coverage and defense resources to insured material suppliers whose… Continue reading Paying The Ultimate Premium: Does Your Insurance Cover Property Damage Or Will You Be Left Holding the Bag?
Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
Bethany L. Barrese | Saxe Doernberger & Vita The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company benefits insureds seeking to establish an insurer’s duty to defend. As a matter of first impression, the court clarified that insureds have the burden to prove that an exception to a policy exclusion… Continue reading Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional
Chad A. Pasternack | Property Insurance Law Observer A Florida appellate court recently interpreted a “Concealment or Fraud” provision that voids coverage where an insured makes “material false statements” as requiring intentional deception, extending the split amongst the Florida appellate courts. In Vargas v. SafePointe Ins. Co., No. 3D19-1656, 2022 WL 108428 (Fla. 3d DCA Jan.… Continue reading True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional