My client bought liability insurance for his business. When he presented a claim, his insurance company denied the claim and has voided the policy for what it says were “material misrepresentations” on the application for insurance. Specifically, the insurer says that my client misrepresented that he renovated hotel rooms and that he subbed out much … Continue Reading
I have no idea why this keeps coming up. I have handled literally 100′s of dec actions in County and Circuit Court. Every once in a while, the insurance company’s lawyer will insist that dec actions can only be heard in Circuit Court. In United Automobile Insurance Company v. Kendall South Medical Center, ____ So.3d ____ … Continue Reading
My client, a home owners association (HOA), was sued by one of the home owners in its community. The HOA submitted the claim to its errors and omissions insurance carrier. The E & O Carrier denied the claim and refused to defend. I filed a declaratory judgment action which resulted in the insurance company agreeing … Continue Reading
My client is a truck driver. He was asked to deliver a load to North Carolina. When he tried to attach the trailer to his own truck, the trailer would not properly attach. The company which asked him to deliver the load then provided him with a truck to deliver the load. Unfortunately, my client was … Continue Reading
My client was sued for negligence in the administering of medication. My client’s professional liability policy has offered to defend under a reservation of rights. At the same time, the insurer, Interstate Insurance, filed a declaratory judgment action against my client seeking to void the policy and deny coverage. On behalf of my client, I have … Continue Reading
My client owns an HVAC business and insures his business and two vehicles through Infinity Insurance. His son had an accident while driving one of his business vehicles. The son rarely drives that vehicle. There was damage to the company vehicle, and claims have been presented against the HVAC business for damages. Infinity denied the … Continue Reading
In an earlier blog concerning this case, I noted we represented two large car dealerships who had been sued in major class actions. Universal Underwriters Insurance Company insured both dealerships. The dealers asked Universal Underwriters to defend and indemnify them for the claims in the class actions. Universal agreed to defend the claims, but advised that … Continue Reading
The Estate of Reinaldo de Morales sued Donel Enterprises for negligently causing Mr. de Morales’s death. Donel defended by claiming it was de Morales’s employer and thus entitled to workers compensation immunity. Donel’s insurer agreed to defend Donel under a reservation of rights. The insurer also filed a declaratory judgment action against Donel and the … Continue Reading
Counsel for an insured or a claimant must pay special attention when intending to settle a claim with a Coblentz Agreement.A “Coblentz Agreement” (named for Coblentz v. Am. Sur. Co. of N.Y., 416 F.2d 1059 (5th Cir. 1969)) is a settlement device which can be utilized only when an insurer refuses to defend an insured. The insured is … Continue Reading
The appellate court reversed summary judgment for an insurer when the insurer couldn’t prove it met statutory conditions for notifying the insured about cancellation of his policy. The court determined that, because the insurer knew its evidence did not support summary judgment in its favor, attorneys fees under Section 57.105, Fla. Stat. for the insured were an appropriate sanction.In … Continue Reading
A sobering reminder about timely moving for attorneys fees in declaratory judgment actions was issued by the Fourth District Court of Appeal. In Cardillo v. Qualsure Insurance Corp., out of the 4th DCA on February 20, 2007, the court determined a fairly innocuous "Order" which established insurance coverage–but left issues of liaiblity and damages set … Continue Reading
