Duty to Defend and Indemnify

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In Mid-Continent Casualty v. Hunter Crane, 40 FLW D1371c, (Fla. 4th DCA June 10, 2015), the 4th DCA discussed a commercial general liability insurance company’s duty to defend under its CGL policy when its insured has contractually agreed to indemnify, defend and hold harmless one of the insured’s vendors.
Continue Reading Duty to Defend in the face of an “Insured Contract”

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 The Duty to Defend

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…