In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more
1/22/2021
/ Bad Faith ,
Breach of Contract ,
Consequential Damages ,
Denial of Insurance Coverage ,
First-Party Coverage ,
FL Supreme Court ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Statutory Interpretation
As a general rule, an insurer’s duty to defend arises under Florida law when the allegations of the complaint against the insured “fairly and potentially bring the suit within policy coverage.” Jones v. Fla. Ins. Guar. Ass’n,...more
11/11/2020
/ Bodily Injury ,
Boilerplate Language ,
Commercial General Liability Policies ,
Construction Project ,
Denial of Insurance Coverage ,
Duty to Defend ,
Florida ,
Four-Corners Rule ,
Insurance Litigation ,
Policy Terms ,
Real Estate Development ,
Renovations
In the wake of the Coronavirus (COVID-19) pandemic, countless businesses have reduced or closed operations—some permanently. Flights have been canceled, hotels and restaurants have closed, and employees have been told to stay...more
In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more