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
Tag: insurance
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
Florida 4th DCA Rules Bad Faith Action Can Proceed After Appraisal
Corey Harris – September 7, 2012 For many years, some insurers have argued that Florida policyholders cannot bring statutory “bad faith” actions if the parties participate in the appraisal process. In essence, these insurers argued that there must be a finding of a breach of contract in an underlying action for an extra contractual action… Continue reading Florida 4th DCA Rules Bad Faith Action Can Proceed After Appraisal