Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal -
Addressing the thorny issue of whether a state-law…
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/ Civil Procedure, Insurance
Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy -
In a rarely seen application of the judicial estoppel doctrine in the third-party coverage…
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/ Business Torts, Civil Procedure, Insurance
Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana. Article…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.
In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a…
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/ Civil Procedure, Insurance, Real Estate - Residential
Submitting a proof of loss using a carrier’s approved proof of loss form may be a mandatory post-loss obligation when invoking appraisal in commercial claims. The U.S. District Court for the Middle District of Florida…
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/ Commercial Law & Contracts, Insurance
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. …
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/ Civil Procedure, Insurance
Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain…
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/ Commercial Law & Contracts, Insurance, Personal Injury, Real Estate - Commercial
A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy…
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/ Commercial Law & Contracts, Insurance, Personal Injury
Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability…
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/ Commercial Law & Contracts, Construction Law, Insurance
Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the…
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/ Commercial Law & Contracts, Insurance
An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the…
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/ Commercial Law & Contracts, Insurance
Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District Court…
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/ Commercial Law & Contracts, Insurance
When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from the…
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/ Civil Remedies, Commercial Law & Contracts, Insurance
So many things in life can be randomly assembled and made to function seamlessly: puzzle pieces for your five-year-old, online gaming teammates, and music mixed by a deejay, to name a few…
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/ Commercial Law & Contracts, Insurance
On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District…
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/ Commercial Law & Contracts, Insurance
