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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for January 2019

January 25, 2019 by Jennifer Kennedy

Insurance — Commercial general liability — Property damage — Subcontractor’s defective construction — Duty to defend — Underlying complaint by developer and contractor alleging subcontractor engaged in various construction defects alleges property damage sufficient to trigger CGL insurer’s duty to defend subcontractor in underlying action where underlying complaint alleges physical injury to tangible property by claiming that, in addition to faulty workmanship, defects in subcontractor’s work caused “damage to other building components,” “damage to other property,” “loss of use,” and required “relocation of residents” — Exclusions — Damage to your work — Your Work Exclusion in CGL policies that excludes coverage for “property damage” to subcontractor’s “work arising out of it or any part of it and included in the ‘products-completed operations hazard’ ” does not bar coverage — Underlying complaint alleges damage to property other than that which was completed by subcontractor, and insurer has not demonstrated that allegations against subcontractor fall solely and entirely within Your Work Exclusion — Exterior and Stucco Exclusion — Insurer’s duty to defend subcontractor in underlying action is not barred by Stucco Exclusion, which excludes coverage for any claim, suit, action, or proceeding for property damage which is in any way related to or arising out of an exterior finishing system or exterior stucco application — Evidence is insufficient to find that an exterior insulating and finishing system was used on project in question and to determine that each allegation against subcontractor relates to or arises out of installation of stucco or EIFS — Duty to indemnify — Insurer’s duty to indemnify subcontractor is not ripe for adjudication where there has been no factual determination as to liability in underlying action

27 Fla. L. Weekly Fed. D174a Insurance — Commercial general liability — Property damage — Subcontractor’s defective construction — Duty to defend — Underlying complaint by developer and contractor alleging subcontractor engaged in various construction defects alleges property damage sufficient to trigger CGL insurer’s duty to defend subcontractor in underlying action where underlying complaint alleges Read More »

Filed Under: Uncategorized

January 25, 2019 by Jennifer Kennedy

Insurance — Homeowners — Appraisal — Where insurer has not wholly denied coverage, the issue of causation is an amount-of-loss question subject to appraisal — It is permissible for an appraisal panel to decide causation issues when causation is not a coverage question, but rather an amount-of-loss question — Trial court erred in denying insurer’s motion to compel appraisal

44 Fla. L. Weekly D279a Insurance — Homeowners — Appraisal — Where insurer has not wholly denied coverage, the issue of causation is an amount-of-loss question subject to appraisal — It is permissible for an appraisal panel to decide causation issues when causation is not a coverage question, but rather an amount-of-loss question — Trial Read More »

Filed Under: Uncategorized

January 25, 2019 by Jennifer Kennedy

Torts — Legal malpractice — Insurance carrier — Privity — Law firm hired by insurer to defend insured against liability claims — Insurer lacked standing to sue law firm where nothing in evidence indicates that law firm was in privity with insurer or that insurer was an intended third-party beneficiary — Public policy does not dictate that an insurer should be able to pursue legal malpractice claims against defense counsel it retains to represent its insureds and the court is unwilling to expand field of privity exceptions

44 Fla. L. Weekly D269a Torts — Legal malpractice — Insurance carrier — Privity — Law firm hired by insurer to defend insured against liability claims — Insurer lacked standing to sue law firm where nothing in evidence indicates that law firm was in privity with insurer or that insurer was an intended third-party beneficiary Read More »

Filed Under: Uncategorized

January 18, 2019 by Jennifer Kennedy

Torts — Civil procedure — Pleadings — Amendments — Trial court did not abuse its discretion in denying plaintiff’s motion to amend complaint because amendments would have been futile where new negligence claims suffer same notice defects as prior claims, and plaintiff has no viable First Amendment claim because she was speaking as a government employee

44 Fla. L. Weekly D237a Torts — Civil procedure — Pleadings — Amendments — Trial court did not abuse its discretion in denying plaintiff’s motion to amend complaint because amendments would have been futile where new negligence claims suffer same notice defects as prior claims, and plaintiff has no viable First Amendment claim because she Read More »

Filed Under: Uncategorized

January 18, 2019 by Jennifer Kennedy

Insurance — Homeowners — Appraisal of loss — By invoking appraisal pursuant to terms of policy, insurer waived compliance with post-loss obligations as condition to appraisal — Trial court properly ordered parties to complete presuit appraisal which had already begun when insurer demanded that insured comply with post-loss obligations

44 Fla. L. Weekly D239b Insurance — Homeowners — Appraisal of loss — By invoking appraisal pursuant to terms of policy, insurer waived compliance with post-loss obligations as condition to appraisal — Trial court properly ordered parties to complete presuit appraisal which had already begun when insurer demanded that insured comply with post-loss obligations  SAFEPOINT Read More »

Filed Under: Uncategorized

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