Category: Legal Analysis

Denial of Coverage for a Florida Insurance Claim Involving Damage to a Pool Deck, Rock Garden, and Waterfall Was Upheld

Feb 26, 2015 | Category Legal Analysis | By

On February 13, 2015 the Fifth District Court of Appeal held in Liberty Mutual Fire Insurance Company v. Martinez that damage to a pool deck, rock garden, and waterfall was not an ensuing-loss.  During a tropical storm, the insured partially emptied his in-ground swimming pool because it was overflowing.  During the storm […]

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The Fifth District Court of Appeal Recently Found an Ambiguity in Gulfstream Insurance Company’s Insurance Policy

Oct 17, 2014 | Category Legal Analysis | By

The Fifth District Court of Appeal recently held in Heylin v. Gulfstream Property & Casualty Insurance Company that the insurance policy’s severability clause and the intentional-act exclusion created an ambiguity that requires that the insurance policy be resolved in the insured’s favor.  A copy of the decision can be accessed here.  As […]

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Safeco Insurance Company of Illinois v. Beare

Oct 7, 2014 | Category Legal Analysis | By

On September 17, 2014 the Fourth District Court of Appeal explained that a trial court can abate a bad faith action that is brought before an underinsured motorist claim is resolved.  A full copy of the Safeco Insurance Company of Illinois v. Beare opinion can be accessed here. Unlike other claims, a […]

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