» Insurance Coverage

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
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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
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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
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Categories: Insurance Coverage

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
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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
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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
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Categories: Insurance Coverage

Skin in the Game: Clarifying Good Faith in the Negotiation of Consent Judgments May Help Carriers

It is a generally accepted principle of insurance coverage that when an insurer fails to defend its insured, the “abandoned” alleged tortfeasor may enter into a reasonable settlement agreement and then accept a covenant from the plaintiff not to… Read More
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Is That Claim Covered? An Overview of CGL Policies

Determining if a lawsuit or demand triggers coverage under a standard comprehensive liability policy is, unfortunately, not always a simple or straight-forward question.  Rather, it requires some understanding of how the standard CGL policy is desig… Read More
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Fifth District Court of Appeal Holds Amended Rule 1.190 Requires a Hearing Before the Amendment of a Complaint to Assert Punitive Damages

Currently, in order to assert a claim for punitive damages in Florida,  the plaintiff must move for leave to amend their complaint to add punitive damages.  Florida law holds that parties have a substantive right not be subjected to a punitive dama… Read More
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Categories: Insurance Coverage

The Fourth District Court of Appeal Holds that an Award of Future Medical Expenses Requires Evidence of Life Expectancy

The Fourth District Court of Appeal Holds that an Award of Future Medical Expenses Requires Evidence of Life Expectancy Earlier this month, in an uninsured motorist suit against GEICO, the Fourth District Court of Appeal considered what evidence is n… Read More
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