Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Business Insurance

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Declaratory Judgment Action For Coverage

Posted in Business Insurance, Declaratory Judgment Actions, Misrepresentation in Application
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

Coverage Action Filed on Behalf of Home Owners Association

Posted in Business Insurance, Coverage Questions, Declaratory Judgment Actions, Errors and Omissions Coverage, Liability Insurance
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

Coverage Granted to Landscape Architect

Posted in Business Insurance, Liability Insurance
My client is a landscape architect who was hired to design a "false bridge."  Unfortunately, the retaining wall supporting the false bridge failed.  The housing developer which owns the bridge sued the landscape architect alleging negligence.  My client submitted the claim to his liability carrier.  The insurance carrier sent a letter stating that it was denying … Continue Reading

Is Storm Damage to My Roof Covered Under My Homeowners Insurance, and What Do I Do If My Claim Is Denied?

Posted in Business Insurance, Homeowners Insurance, Roof Claims
You spend a lot of money on homeowners insurance. What does it really cover? And, what do you do if your insurance company denies, low-balls, or simply delays your claim? You have more power than you think. There are innumerable ways your home can be damaged. You may immediately think of fire and storm damage … Continue Reading

Insurers Well Positioned to Face Hurricane Season

Posted in Business Insurance, Homeowners Insurance
U.S. Property and casualty insurer have sufficient capitalization to withstand what is predicted to be a busy Atlantic hurricane season.  Ruud Bosman, Vice Chairman of the Board of Directors of FM Global, a major global insurer, told Reuters in an interview that The global property insurance industry is well capitalized at the moment following strong underwriting … Continue Reading

Is Termite Damage Covered Under Your Homeowners or Property Insurance

Posted in Business Insurance, Homeowners Insurance, Property Insurance
Is termite damage covered under your insurance policy?  It depends on who you ask.  Many insurance companies and insurance agents routinely tell the insured that termite damage is not covered by their homeowners insurance policy, or their business property insurance policy.  In fact, a simple internet search reveals many sites that say it is not covered.  … Continue Reading

Professional Liability Endorsement Provides No Coverage For Claim that Directors Failed to Detect Ponzi Scheme

Posted in Business Insurance
In Heather Appel v. Lexington Insurance Company, ____ So.3d ____ (Fla. 5th DCA February 26, 2010, the 5th DCA was asked to determine whether a professional liability endorsement in a commercial general liability policy provided coverage to directors of a company who were sued by investors for breach of fiduciary duty.  The allegations stemmed from … Continue Reading

Pollution Exclusion Does not Apply to Sewage Loss

Posted in Business Insurance
On Tuesday my client was granted summary judgment against Nationwide on the issue of coverage.  I originally blogged on this case on February 16, 2009, when we filed suit.  Our client maintains and services sewage lift stations. He purchased a "Contractor’s Liability Insurance Policy" from Nationwide Insurance in order to protect himself against claims arising out … Continue Reading

Victory in the Eleventh Circuit Concerning Coverage and Extra-Contractual Damages

Posted in Business Insurance, Declaratory Judgment Actions, Insurance Coverage - General
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

Suit Filed on Behalf of Water Extraction/Remediation Firm Against Condo Association’s Insurer for Failing to Pay

Posted in Business Insurance
My client, a water extraction/remediation firm, was retained by a condominium association to assist with a large water loss. The water extraction firm agreed to perform the work, and the association assigned to it any claims against the condo association’s insurer in the event the insurer failed to pay – which is exactly what happened. (Many of … Continue Reading

Suit Filed on Behalf of General Contractor for “Resulting Damage” from Subcontractor’s Negligent Work

Posted in Business Insurance
This week I was retained by a general contractor who subcontracted out roofing work on a large construction project. The Sub negligently installed the roof, which resulted in significant water and mold damage to the interior of the structures. The Sub agreed to replace the roof.  However, the general contractor has paid to repair and … Continue Reading

The Nation Law Firm Pursues Claim in Pollution Exclusion Case Against Nationwide Insurance

Posted in Business Insurance
Our client maintains and services sewage lift stations. He purchased liability insurance from Nationwide Insurance. Nationwide clearly knew that its insured maintained and serviced sewage lift stations, as that information was set forth in the application and the premiums were based on the proposed insured’s SIC designation as a lift station maintenance company. Some time … Continue Reading

Florida Supreme Court Gives Insight Into When a General Contractor’s CGL Insurance Policy Provides Coverage for a Subcontractor’s Faulty Workmanship

Posted in Business Insurance
The Florida Supreme Court has recently issued two opinions which shed light on whether standard form commercial general liability (CGL) insurance policy covers a general contractor’s liability for defective work performed by its subcontractor.  On the same day, the supreme court issued its opinions in U.S. Fire Ins. Co. v. J.S.U.B., Inc., 2007 WL 4440232 (Fla. … Continue Reading