John David Dickenson – September 2012 Florida has a knack for being in the path of hurricanes. When a storm is on the horizon, Floridians busy themselves preparing their homes and commercial properties for impact. After a storm has passed, claims handlers and lawyers, in turn, busy themselves with the work that inevitably follows. Florida… Continue reading The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
Tag: insurance
Emergency Plans are Important Year-Round
George Keys – September 14, 2012 More than halfway through hurricane season, communities in Florida and along the Gulf Coast are still picking up the pieces after Hurricane Isaac. As devastating as a tropical system like Isaac can be, today’s storm-tracking advances at least enable residents to see the storm and its potential track days… Continue reading Emergency Plans are Important Year-Round
Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy
Wiley Rein LLP – September 11, 2012 The U.S. District Court for the Southern District of New York has held that a directors and officers liability (D&O) insurer had no duty to defend an underlying lawsuit—and thus no duty to share in defense costs with a general liability insurer—where the D&O policy at issue contained… Continue reading Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]
Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim
Thomas M. Contois and Rebecca S. Liu – September 21, 2012 In Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Company, No. 4D11-1376, 2012 WL 3822215, *1 (Fla. Dist. Ct. App. Sept. 5, 2012), the Florida Fourth District Court of Appeal, applying Florida law, overturned the trial court’s summary judgment order and held that an… Continue reading Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim