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Commercial General Liability (“CGL”) Policies and Attorney’s Fees

In a recent case out of Florida’s Fifth District Court of Appeal, the Court held that attorney’s fees awarded to a Plaintiff in a construction defect action against an insured contractor were covered under a supplementary payment provision in a CGL policy.  Specifically, in Mid-Continent Casualty Company v. James T. Treace, 41 Fla. L. Weekly…

Hurricane Roof Damages and Ordinance and Law Coverage

“Roy Jossfolk, v. United Property & Casualty Insurance Company, 38 Fla. L. Weekly D649a, Case No. 4D12-443, filed March 20, 2013.  Summary judgment for insurer for denial of “Ordinance and Law” coverage for hurricane roof damages was reversed based on such coverage not being originally appraised, but subsequently “incurred” (Ceballa v. Citizens Property Insurance Corp.,…

General Liability and Additional Insureds

“University of Miami v. Great American Assurance Company, 38 Fla. L. Weekly D392a, Case No. 3D09-2010, filed February 2013.  Order of summary judgment in favor of insurer regarding indemnification of attorney’s fees and costs based on beach of insurance policy and bad faith was reversed in favor of the “additional named” party to the commercial…

Insurance and Mediation

Fernando Subirats v. Fidelity National Property, 38 Fla. L. Weekly D396a, Case No. 3D12-68, filed February 20, 2013: The Department of Financial Services was found to have exceeded its rulemaking authority by enacting Rule 69J-166.031, F.A.C., requiring an insurer to notify its insured within five (5) days of receiving a claim of the right to…

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