Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

Category Archives: Declaratory Judgment Actions

Subscribe to Declaratory Judgment Actions RSS Feed

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

Declaratory Judgment Action for Coverage Against Medical Malpractice Lawsuit

Posted in Declaratory Judgment Actions
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

Lawsuit Filed Against Auto Insurance Company for Denying Claim to “Regular Operator”

Posted in Auto Insurance, Declaratory Judgment Actions
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

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

4th DCA Rules that Declaratory Judgment Action Cannot be Stayed Pending Trial of Wrongful Death Case

Posted in Declaratory Judgment Actions
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

Be Careful About Settlements and Coblentz Agreements

Posted in Claims Administration Statute, Coblentz Agreements, Declaratory Judgment Actions, Settlement
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… Continue Reading

Insurer Failed to Prove Cancellation–57.105 Attorney’s Fees Granted to Insured

Posted in Attorney's fees, Declaratory Judgment Actions
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.… Continue Reading

Declaratory Judgment Is a “Final Judgment” for Attorney’s Fees Purposes

Posted in Attorney's fees, Declaratory Judgment Actions
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