Insurance — Professional liability — Duty to defend — Trial court erred in entering summary declaratory judgment finding that insurer had duty to defend insured where insurer raised affirmative defense that coverage had been extinguished through settlement of other claims — There is an exception to the general rule that the duty to defend is determined by looking only at the pleadings where the duty to defend turns on whether the policy limits have been exhausted — Affidavit filed by insurer created genuine issue of material fact as to whether policy limits were exhausted which precluded granting of insured’s motion for summary judgment
44 Fla. L. Weekly D2624a
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index