Developments in the Law

Developments in the Law

Is a Declaratory Action on Coverage Really Necessary?

One question that frequently arises in insurance coverage litigation is whether a declaratory relief action should be filed in cases where it appears clear that there is no coverage for a particular claim.  And, conversely, what risks are involved i… Read More
Read More
Categories: Coverage

Daubert is Back, Frye is Out – The Florida Supreme Court Reverses its Stance on the Standard for Admitting Expert Testimony

     On May 23, 2019, the Florida Supreme Court issued a per curiam opinion, In Re: Amendments to the Florida Evidence Code, Case No. SC-19-107, wherein the Court has again reversed its position on the standard for admitting certain expert testim… Read More
Read More

The “8-Corners” Rule for Evaluating the Duty-to-Defend in Florida is Further Tightened by the Third District Court of Appeal in Advanced Systems., Inc. v. Gotham Insurance Company

When it comes to evaluating a carrier’s potential duty-to-defend its insured under a liability policy, it is a long-standing principle of Florida law (and that of many, but not all, other states) that the only sources to be considered are (1) the f… Read More
Read More
Categories: Insurance Coverage

No Affirmative Duty to Settle Within Policy Limits In Georgia? First Acceptance Insurance. Co. of Georgia, Inc. v. Hughes

            A common question that arises for insurers under third-party liability insurance policies is exactly how and when they must seek to settle claims made against their insured’s or risk being subject to “bad faith̶… Read More
Read More

FLORIDA SUPREME COURT ISSUES FAR-REACHING BAD FAITH OPINION IN HARVEY V. GEICO

McIntosh, Sawran & Cartaya, P.A. Insurance Coverage Division September , 2018 On September 20, 2018, in a 4-3 controversial decision, the Florida Supreme Court arguably changed the landscape of Florida law on insurer “bad faith” for… Read More
Read More
Categories: Insurance Coverage

Treating Physicians v. Expert Witnesses: The Florida Supreme Court Weighs In

By: Dominic F. DeCesare, Civil Clinic Legal Intern             As my evidence professor, Mark Dobson, would always say during lectures: “Read the rules, learn the rules, love the rules!”  This piece of advice is true not only for law… Read More
Read More
Categories: Expert Testimony

USE OF EXPERTS IN INSURANCE COVERAGE AND BAD FAITH LITIGATION AND DISPUTES

Douglas M. McIntosh, President, McIntosh, Sawran & Cartaya, P.A. August, 2018 ______________________________________________ “Expert evidence has a powerful and potentially misleading effect and may be assigned talismanic significance in t… Read More
Read More
Categories: Expert Testimony

BAD BEHAVIOR: FLORIDA LAW ON CONTRACTS OF INDEMNIFICATION WHICH SEEK TO INDEMNIFY A PARTY AGAINST ITS OWN WRONGFUL ACTS

Indemnification agreements are an extremely common provision found within in a wide variety of written contracts.  In a world where injuries and accidents spawn quick litigation against multiple parties, even if those parties are only tangentially i… Read More
Read More
Categories: Insurance Coverage

Can a Carrier’s Adjuster Be Sued Individually and/or Personally for Negligence or Bad Faith in the Handling of an Insured’s Claim Under Florida Law?

The answer, at least in Florida, seems to be “no.”  As a general rule an adjuster is deemed to be an agent for the carrier and thus, the adjuster’s conduct is imputed to the insurer, which is then potentially subject to liability for the adjus… Read More
Read More
Categories: Insurance Coverage

Just Because It's Fraud, Doesn't Mean It's Not Covered!

Case:  Arzadi v. Evanston Insurance Company, 2018 WL 747379 (D. N.J., Feb. 7, 2018).  Suit was brought against Karim Arzadi, a practicing attorney in New Jersey and his law firm, Arzadi, Joworisak & Associates, LLC for allegedly engaging in fra… Read More
Read More
Categories: Insurance Coverage