John David Dickenson and Chad Pasternack | Cozen O’Connor | June 20, 2019 The Florida Legislature recently created a right of contribution among liability insurers for defense costs. Prior to the enactment of this legislation, it was long the law in Florida that there was no right to contribution among co-primary insurers. Without a right… Continue reading Florida Creates Right of Contribution Among Liability Insurers for Defense Costs
Category: Insurance
The Best Insurance Lawyers Study Insurance Practices and Not Just Insurance Law
Chip Merlin | Property Insurance Coverage Law Blog | June 21, 2019 The best insurance lawyers are students of the insurance industry rather than just students of insurance law. I learned this truth from insurance claims expert Gary Fye and the late Eugene Anderson. Let me paraphrase what Anderson used to tell me, ‘for the same… Continue reading The Best Insurance Lawyers Study Insurance Practices and Not Just Insurance Law
Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy
Cheryl Shoun | Nexsen Pruet | June 11, 2019 It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance; required coverage may not be omitted. Rather, statutory obligations relating to… Continue reading Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy
Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes
William Linero, Jr. | Butler Weihmuller Katz Craig | June 14, 2019 On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.”[1] In adding 558.004(1)(d), it appears that the… Continue reading Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes
Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
Michael Ciamaichelo | White and Williams LLP | June 11, 2019 Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property owner must exercise reasonable care to make… Continue reading Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case