Florida Construction Insurance Lawyer

Florida Construction Insurance Lawyer is a blog that focuses on insurance-related issues applicable to the construction industry.

 

When your insurance policy grants you coverage and then takes it away it is called illusory coverage. (To give and then taketh away!)  For example, if the policy covers you for “X” but elsewhere in the policy it excludes or … Continue reading
Author: David Adelstein
Posted: August 19, 2017, 11:06 am
If you are having insurance coverage issues or concerns, do yourself a favor and consult with counsel.  Make sure your rights are perfected.   A recent Florida appellate case reiterates the requirements to perfect a statutory insurance bad faith claim: … Continue reading
Author: David Adelstein
Posted: August 13, 2017, 12:52 pm
When a claim is asserted against you in a construction defect dispute, one of the first things you will do (and should absolutely do) is notify your commercial general general liability insurer.  You want to make sure your insurer initially … Continue reading
Author: David Adelstein
Posted: July 30, 2017, 2:15 pm
A Florida Supreme Court decision recently came out that touched on salient points when it comes to the interpretation of insurance policies.  These points are as follows: The interpretation of an insurance policy is a question of law for the … Continue reading
Author: David Adelstein
Posted: July 16, 2017, 11:55 am
I have previously written about directors and officers liability policies. An analogous-type of policy is an executive and organization liability policy.   An executive an organization liability policy was discussed by the Eleventh circuit in Stettin v. National Union Fire Ins. … Continue reading
Author: David Adelstein
Posted: July 9, 2017, 2:15 pm
If you have read the news at any point in time this year, then you are somewhat familiar with cyber attacks.  You know they are for real.  You know they cause damage.  You know they cause grave inconvenience.  And, you … Continue reading
Author: David Adelstein
Posted: July 1, 2017, 9:56 pm
Your insurance policy most likely contains a clause that requires you to notify your insurer as soon you have notice of a claim or lawsuit.  Trust me, it is there.   Your insurance policy, particularly a liability insurance policy, requires … Continue reading
Author: David Adelstein
Posted: June 16, 2017, 9:10 pm
An insurer’s duty to defend its insured will extend to defending the entire lawsuit if any asserted claim (cause of action) triggers the duty to defend. Even if certain claims may not be covered under the policy, if the allegations … Continue reading
Author: David Adelstein
Posted: May 28, 2017, 12:23 pm
I have discussed that corporations that have a board of directors typically maintain a liability insurance policy known as a Directors and Officers liability policy (“D&O” policy). The policy is designed to defend and indemnify the board (and company) for … Continue reading
Author: David Adelstein
Posted: May 21, 2017, 1:38 pm
The first prerequisite to any statutory bad faith claim in Florida is filling out and submitting the Civil Remedy Notice per Florida Statute s. 624.155.  Any first party bad faith claim has to be a statutory claim so filling out … Continue reading
Author: David Adelstein
Posted: May 7, 2017, 11:50 am