In Southern-Owners Insurance Co. v. Midnight Tires Inc., the U.S. District Court for the Middle District of Florida granted an insurer’s motion for summary judgment after considering extrinsic evidence on the issue of the insurer’s duty to defend in an action seeking a declaration that the insured’s garage general liability policy did not cover claims in an underlying motor vehicle injury lawsuit. In the underlying action, Midnight Tires Inc. was sued in connection ... Keep Reading »
Declaratory Judgment
Eleventh Circuit Holds Fungi or Bacteria Exclusion Inapplicable Because Cooling Tower Containing Legionella Was Not a “Building” or “Structure”
On June 28, 2023, the Eleventh Circuit Court of Appeals issued an opinion in Southern-Owners Insurance Co. v. Waterhouse Corp. affirming that fungi or bacteria exclusions did not apply because a cooling tower that allegedly contained Legionella bacteria was neither a “building” nor a “structure” within the meaning of the exclusions. In Waterhouse, a horticultural manufacturer hired Waterhouse Corp. to perform monitoring, maintenance, and water treatment services for ... Keep Reading »
No Coverage for Delinquent Payments: Mobile Home Park Operator Cannot Recover for “Expected or Intended” Injuries
On May 1, 2023, in West American Insurance Co. v. Del Ray Properties Inc., the U.S. District Court for the Western District of Washington held that general liability insurers owed no coverage obligations to a mobile home park operator in connection with delinquent payments of utility bills that jeopardized its residents’ water and garbage services because the underlying claims were for “expected or intended” injuries. Del Ray Properties Inc. is a Washington ... Keep Reading »
Florida Broadens Use of Proposals for Settlement by Enacting House Bill 837: Proposals for Settlement Can Now Be Served in Civil Insurance Cases Seeking More Than Just Damages
On March 24, 2023, Gov. Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. While other articles have discussed the wide-ranging effects of this new law, this post focuses specifically on how the law alters Florida’s proposal for settlement landscape. Before March 24, proposals for settlement, sometimes referred to as offers of judgment, were exclusively governed by Florida Statutes section 768.79 and Florida Rule of Civil Procedure 1.442. No ... Keep Reading »
Seventh Circuit Holds Insurer Had No Duty to Defend or Indemnify Fireworks Distributor Following Fourth of July Fireworks Explosions That Injured Two Volunteers
In T.H.E. Insurance Company v. Trey D. Olson, et. al., the Seventh Circuit Court of Appeals agreed with the U. S. District Court for the Eastern District of Wisconsin, holding that the insurer had no duty to defend or indemnify its insured based on a policy exclusion for injuries to any persons assisting or aiding in the display of fireworks. This case arose out of fireworks explosions at separate fireworks displays that injured Timothy Olson and Todd Zdroik, two ... Keep Reading »
Third Circuit Holds Assault or Battery Exclusion Bars Coverage for Sex Trafficking Claims
In Nautilus Insurance Co. v. Motel Management Services Inc., the Third Circuit Court of Appeals held that a commercial general liability policy’s assault or battery exclusion barred coverage for claims involving alleged sex trafficking. Motel Management was a declaratory judgment action filed by an insurer against its insured, a motel, under a CGL policy issued by the insurer to the motel. The policy provided defense and indemnity coverage for certain bodily injury ... Keep Reading »
Eleventh Circuit Holds Tort Claimants Lack Standing to Challenge Judgment That Insurer Has No Duty to Defend
On March 29, 2022, the Eleventh Circuit Court of Appeals held that a tort claimant lacks standing to challenge a court's judgment finding that the carrier had no duty to defend the insured. A.B. was 10 years old when she was sexually abused by her parent and her parent's spouse. The spouse was ultimately indicted, pleaded guilty to two counts of human trafficking, and was sentenced to 30 years in prison per count. In her suit against the convicted human trafficker ... Keep Reading »
Fifth Circuit Determines a Deductible Buyback Policy Was a Named Perils Policy for Hurricane Harvey Flood Damage
The Fifth Circuit Court of Appeals recently reversed a federal Texas court’s order granting summary judgment in favor of the insured, holding that its “deductible buyback policy” was a “named perils” policy that did not provide coverage in relation to the insured’s flood-related damage sustained by a commercial building during Hurricane Harvey. The insured’s primary “all-risks” policy, which provided insurance for several of the insured’s properties, had a high ... Keep Reading »
Ninth Circuit Affirms Coverage Denial Based on Insured’s Unreasonable Expectations
In a brief opinion filed on December 3, 2021, in Atain Specialty Insurance Co. v. Dignity Housing West Inc., the Ninth Circuit Court of Appeals held that terms of coverage are limited by information contained in policy declarations and do not extend to risks not disclosed in the application. Oakland Apartment Fire In the early morning of Monday, March 27, 2017, a fire swept through a large, three-story transitional housing development in Oakland, California. The ... Keep Reading »
Florida Appellate Court Rejects Third Party’s Attempt to Rewrite Appraisal Clause in Property Insurance Policy
On November 10, 2021, Florida’s Fourth District Court of Appeal weighed in on a matter involving the interpretation of an appraisal clause for resolving disputes regarding the amount due for covered loss in First Call 24/7, Inc. v. Citizens Property Insurance Corp. In July 2018, Citizens Property Insurance insured a piece of property owned by the policyholder. The policyholder contacted First Call 24/7 Inc. to provide water mitigation services after her property ... Keep Reading »
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