Duty to Defend and Indemnify

On June 4, 2015, the United States District Court for the Southern District of Florida issued an opinion discussing whether an insurance company had a duty to defend a construction defect claim brought against its insured.

The Insured was a contractor on a condominium project.  The condo owner sent the Insured a notice of claim under Florida Statute Section 558.004.  This notice is a prerequisite to pursuing a lawsuit against a contractor for construction defects.
Continue Reading

In Segal v. State Farm Florida Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), the insured  was sued for "knowingly and/or negligently" making defamatory statements.  The insured sent the lawsuit to State Farm asking State Farm to defend her in the lawsuit and ultimately indemnify her if she was found liable.  State Farm provided the insured with homeowner’s insurance