Columns

Corporate Representative Depositions: Should the Insurance Company Have a Voice?

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 …

Gathering Pebbles: Subrogation’s Burden of Proof

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. …

Compliance with the Examination Under Oath Request: A Must or a Maybe?

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, …

Estop it Right There: Chapter 7 Bankruptcy and Property Claims

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 …

Making a House a Home: the ‘Residence Premises’ Definition

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 …

Vandalism, Fire Losses and the Doctrine of ‘Inferred Intent’

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 …

Chipped Tile Claims Meet the “Marring” Exclusion in Ergas

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 …

New York Insurers Breaching Duty to Defend May Not Assert Policy Exclusions

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 …

The “Prompt Notice” Provision and Summary Judgment

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 …

Business Moves

Copart, Salvage Parent Copart, a global online vehicle auction company, acquired Salvage Parent Inc., which conducts business primarily as Quad City Salvage Auction, Crashed Toys, and Desert View Auto Auction. Combined the businesses operate at 39 locations in 14 states. …

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