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Recent Posts

INSURER’S CONFESSION OF JUDGMENT THROUGH POST-LAWSUIT PAYMENT

Posted on 11 May, 2019
The recent opinion in the property insurance coverage dispute, Bryant v. Geovera Specialty Ins. Co., 44 Fla.L.Weekly D1232a (Fla. 4thDCA 2019), discusses the doctrine known as an insurer’s “confession of judgment.”   In this case, an insured suffered water damage from a pipe leak.  The insurer paid...

QUICK NOTE: INDEPENDENT THIRD-PARTY SPOLIATION OF EVIDENCE CLAIM

Posted on 4 May, 2019
In an earlier posting I discussed the difference between first-party spoliation of evidence and third-party spoliation of evidence.     There is NO independent cause of action for first-party spoliation of evidence because that can be dealt with directly in the underlying lawsuit.  This...

LIABILITY INSURER’S DUTY TO DEFEND INSURED IS BROADER THAN ITS DUTY TO INDEMNIFY

Posted on 3 May, 2019
When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify.   This broad duty to defend an insured is very important and, as an insured, you need to know this.   “A liability insurer's...

INSURED UNDER PROPERTY INSURANCE POLICY SHOULD COMPLY WITH POST-LOSS POLICY CONDITIONS

Posted on 29 April, 2019
Your property insurance policy will contain post-loss policy conditions.  Examples include submitting a sworn statement in proof of loss, providing documentation to your insurer, and sitting for an examination under oath.  Insurers will require you, as the insured, to comply with post-loss...

QUICK NOTE: YES, YOU CAN WAIVE THE RIGHT TO ARBITRATE

Posted on 28 April, 2019
A party can waive the contractual right to arbitrate.  Waiver is the "voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right."  Ship IV Harbour Island, LLC v. Boylan, 44 Fla. L. Weekly D831a (Fla. 5th DCA...