When litigating the insurance policy provisions, no one is surprised when an insured’s attorney requests the deposition of an insurer’s corporate representative. Florida Rule of Civil Procedure 1.380 (b)(6) allows a party to request a corporation to designate a corporate …
The recent New York Supreme Court decision of American International Ins. Co. v. A. Steinman Plumbing & Heating Corp., 2012 WL 952782 (N.Y. App. 2012) and an ancient parable wouldn’t seem to have a lot in common. But, they do. …
For decades, if an insured did not comply with an insurer’s request for an examination under oath (“EUO”), the insurer was entitled to summary judgment finding that there was no coverage for the claim. In 2012, however, in Whistler’s Park, …
An insured’s Chapter 7 bankruptcy is an interesting and often unexplored issue that can have a large impact on an insurer’s potential liability. If an insured has filed for bankruptcy under Chapter 7 of the Bankruptcy Code, he or she …
An insured must reside at their property to have coverage for damage to their home under an HO form policy. The defense arises out of the typical HO policy’s definition of “residence premises,” and the introductory clause in the building …
Property subrogation professionals routinely see cases involving fires caused by uninsured minors playing in buildings. Subrogation is the business of recovering money, not punishing delinquent children. Often carriers won’t pursue subrogation cases against uninsured minors for fear of throwing good …
In Ergas v. Universal Prop. & Cas. Co., 2013 WL 1748574 (Fla. 4th DCA April 24, 2013), the Fourth District Court of Appeal issued an important order for Florida property insurers. The court held that the “marring” exclusion barred coverage …
The New York Court of Appeals has reaffirmed the importance of the insurer’s duty to defend its insureds, holding that when an insurer breaches its duty to defend, it may not rely on exclusions in the policy to avoid coverage …
Florida District Courts of Appeal recently have been very busy with cases involving the “prompt notice” provision in property insurance policies. When an insurer proves that the insured’s notice was late, courts will apply a presumption that the delay prejudiced …
One question often asked of women but not of men in the business world is: Can you have it “all”? Is it possible to have both a successful career as an insurance professional and a family? That’s something men never …