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Reinsurers Say Insurer's Motion To Dismiss Should Be Denied

COLUMBUS, Ohio - A group of reinsurers argued in an Ohio federal court on Oct. 1 that an insurer's motion to dismiss the reinsurer's complaint is duplicative of the insurer's motion to change venue of the suit to a Florida federal court (Certain ...read more

Jurisdiction Exists In Insolvent Insurers' Breach Of Fiduciary Case, Bankruptcy Judge Says

WEST PALM BEACH, Fla. - Personal jurisdiction exists over an employee of two insolvent insurers in a breach of fiduciary duty lawsuit, a Florida federal bankruptcy judge held Sept. 28, finding that the employee has not shown that exercise of personal ...read more

Assault, Battery Exclusion Bars Insurance Coverage For Negligence, Judge Concludes

TAMPA, Fla. - An assault and battery exclusion precludes coverage for an insured's alleged negligence in the death of man, a Florida federal judge ruled Oct. 11, finding that the insurer has no duty to defend or indemnify its insured ( Evanston Insurance ...read more

Judge: Insurer Has No Duty To Defend Claims Against Non-Insured Partnership

TAMPA, Fla. - A commercial general liability insurer had no duty to defend or indemnify an insured against an underlying action alleging conduct related to a partnership that was not listed as a named insured on the policy, a Florida federal judge ruled ...read more

Judge Allows Insurer's Objections To Ruling On Duty To Indemnify Claim

ORLANDO, Fla. - A Florida federal judge on Oct. 22 adopted and denied portions of a magistrate judge's report and recommendation in a case filed by an insurer that seeks a declaration in relation to rights and obligations under a policy covering a ...read more

Judge Upholds Ruling That Insurers Have Duty To Defend Chinese Drywall Claims

FORT LAUDERDALE, Fla. - Commercial general liability insurers have a duty to defend an insured in an underlying Chinese drywall lawsuit, a Florida federal judge ruled Nov. 2, denying reconsideration of his ruling that also found that "faulty workmanship" ...read more

Judge Finds Insurer Has No Duty To Defend Medical Practice Under Policy

ORLANDO, Fla. - A Florida federal judge on Nov. 5 granted summary judgment to an insurer, finding that it had no duty to defend a doctor and a medical practice in an underlying case because their claims were excluded under the policy's professional ...read more

Florida Appeals Panel Denies Appeal In Subrogated Insurer's Negligent Construction Action

DAYTONA BEACH, Fla. - A Florida appeals panel on Nov. 9 denied a subrogated insurer's appeal in a lawsuit alleging that a contractor's negligent construction of a fireplace caused a fire that resulted in an insured's damages ( Amica Mutual ...read more

Judge Says Slammed Door Injury Not Covered Under Business Auto Insurance Policy

MIAMI - A federal judge in Florida on Nov. 15 granted summary judgment to an insurer, finding that the insurer owed no duty under a business auto insurance policy because the described accident was excluded under the policy ( The Victoria Select Insurance ...read more

Florida Appeals Panel Reverses Finding Of No Bad Faith By Insurer

WEST PALM BEACH, Fla. - In finding that genuine issues of fact precluding summary judgment exist in a dispute over insurance benefits for a driver killed in an auto accident, a Florida appeals panel on Dec. 5 reversed a trial court's judgment that ...read more

Judge Finds Private And Public Interests Favor Transfer Of Reinsurance Case

COLUMBUS, Ohio - A federal judge in Ohio on Dec. 17 found that private and public interests weigh in favor of transferring a reinsurance dispute to a Florida federal court (Certain Underwriters at Lloyd's, London Purportedly at Interest v. Stonebridge ...read more

Judge Finds Insurer Has No Duty To Defend Condo Association Under Policy

MIAMI - A Florida federal judge on Jan. 14 found that an insurer was not obligated to defend a condominium association in an underlying lawsuit filed by a resident, finding that all of the claims asserted against it originally stemmed from hurricane damage ...read more

Judge: Surety's Good Faith Payments Obligated Indemnitors To Reimburse

FORT LAUDERDALE, Fla. - A Florida federal judge on Jan. 31 deemed a surety's indemnity agreement with a contractor and its principals to be unambiguous and, as such, held that the indemnitor defendants were obligated to reimburse the surety for amounts ...read more

Florida Panel Reverses Issue Of Whether Insurer Was Prejudiced By Late Notice

MIAMI - A Florida appeals panel found Feb. 6 that an insured failed to give timely notice of its Hurricane Wilma loss but reversed in part to determine whether the insurer was prejudiced by the late notice (1500 Coral Towers Condominium Association Inc ...read more

Summary Judgment Denied To Property Owner, Insurer In Sinkhole Coverage Dispute

TAMPA, Fla. - Genuine issues of material fact exist as to whether an insurer acted in good faith by failing to approve an insured's contract for sinkhole remediation on his property, a Florida federal judge ruled Feb. 8, denying both parties' ...read more

Additional Insured Entitled To Attorney Fees, Florida Majority Rules In Reversal

MIAMI - The University of Miami is entitled to be indemnified for attorney fees and costs incurred in an underlying lawsuit stemming from a pool accident, a Florida appeals panel majority ruled Feb. 20, reversing a lower court's ruling that there ...read more

Texas Insured's Flood Coverage Suit Was Timely Filed, Federal Magistrate Rules

GALVESTON, Texas - An insured's lawsuit seeking coverage under his Standard Flood Insurance Policy (SFIP) for property damage caused by Hurricane Ike was timely filed, a Texas federal magistrate judge ruled March 1, denying the insurer's motion ...read more

Economic Loss Rule Does Not Bar Negligence Case Against Insurance Broker, Majority Says

TALLAHASSEE, Fla. - The economic loss rule does not preclude an insured's lawsuit against an insurance broker where the parties are in contractual privity with one another and the damages sought are solely for economic losses, a majority of the Florida ...read more

11th Circuit Panel Affirms No Duty To Defend Developer In Chemical Exposure Suit

ATLANTA - A unanimous 11th Circuit U.S. Court of Appeals panel on March 20 affirmed summary judgment for an insurance company against a Florida developer and the plaintiffs who sued it for exposure to fugitive contaminants (Mt. Hawley Insurance Co. v ...read more

Florida Panel Reverses Ruling In Insurer's Favor In Hurricane Wilma Dispute

WEST PALM BEACH, Fla. - A Florida appeals panel on March 20 found that an appraisal proceeding had not appraised an insured's ordinance and law coverage stemming from Hurricane Wilma, reversing and remanding a lower court's ruling in the insurer's ...read more

Judge Declines To Reconsider Insurer's Summary Judgment Motion In Sinkhole Dispute

TAMPA, Fla. - An insurer's motion to reconsider a denial of summary judgment regarding coverage matters and bad faith surrounding repair of a sinkhole is merely an attempt "to refute the basis for the Court's earlier decision," a Florida ...read more

11th Circuit Certifies Questions To Florida High Court In Employers Liability Suit

ATLANTA - The 11th Circuit U.S. Court of Appeals on April 15 certified three questions to the Florida Supreme Court in a third party's lawsuit seeking employers liability coverage for an underlying $9.5 million wrongful death judgment against an insured ...read more

Judge Says He Cannot Hear Case That Has Been Transferred To Another Court

COLUMBUS, Ohio - A federal judge in Ohio on April 22 said the court lacks jurisdiction to consider a motion to reconsider an earlier ruling regarding a reinsurance dispute because the case had been transferred to a federal court in Florida before the ...read more

Federal Judge Denies Insurer's Summary Judgment Motion Regarding Defense, Indemnity

ORLANDO, Fla. - A commercial general liability insurer's summary judgment motion regarding its duty to defend and indemnify an underlying construction case is premature, a Florida federal judge ruled May 1 (North Pointe Insurance Co. v. Global Roofing ...read more

Beneficiary Claim Fails Against Insurance Broker, Federal Judge Concludes

JACKSONVILLE, Fla. - A third-party beneficiary claim fails against an insurance broker for its alleged failure to obtain proper insurance because there was no judgment obtained, a Florida federal judge ruled May 9 (Fireman's Fund Insurance Co. a/s ...read more