Author Archives: David Adelstein

Insured should Consider Proposal for Settlement / Offer of Judgment from Insurer

When an insured sues its insurer, the insured seeks its attorney’s fees pursuant to Florida Statute s. 627.428(1).  The statute provides for one-way attorney’s fees in favor of an insured if it obtains a judgment in its favor against its … Continue reading

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Insurer’s Denial of Coverage Means it Cannot Require You to Comply with Post-Loss Policy Conditions

When it comes to first-party property insurance policies, you want to make sure you comply with post-loss policy conditions in your insurance policy.  This includes agreeing to sit for an examination under oath, providing a sworn statement in proof of … Continue reading

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An Insured’s Noncompliance with Conditions Precedent Must be Pled Specifically

In an earlier posting I discussed the application of exclusionary language in an automobile liability insurance policy that contained an “other insurance” clause.  In yet another example dealing with an automobile liability insurance policy dealing with uninsured motorist coverage, the … Continue reading

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Exclusions Bar Coverage even in Automobile Liability Insurance Policies

When an insurer believes it does not owe a duty to indemnify its insured, it is not uncommon that it (1) starts to defend the insured under a reservation of rights and (2) files an action for declaratory relief contending … Continue reading

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Contingency Fee Risk Multiplier in Insurance Coverage Disputes

Contingency fee arrangements are used outside of personal injury disputes. They are a performance-based attorney’s fees arrangement where the attorney only gets paid if the client gets paid. There are numerous ways such arrangements can be structured, and if interested … Continue reading

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Maybe NOW is the Time to Consider Business Interruption / Income Insurance

After dealing with the fury and unpredictability of Hurricane Irma, are you thinking that now may be the time to procure business interruption / income insurance? If not, maybe you should give it strong consideration. I am sure after dealing … Continue reading

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Seven Practical Tips Dealing with Hurricane Property Damage

When dealing with a massive hurricane, such as Hurricane Irma, there is sure to be property damage.   Dealing with property damage is, of course, much better than dealing with the loss of life or injury.  Sometimes, you just need … Continue reading

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Unintended Consequences of Florida’s Claims Administration Statute

Talking about a potentially unfair case towards an insurer…here it is. Talking about a case where an insured smartly took advantage of an insurer’s lose-lose position…it is the same case.   The insured took advantage of an unintended consequence under the … Continue reading

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Insurer Cannot Argue “Compliance with Conditions Precedent” if It Denied Coverage

Did your insurance carrier deny coverage? “When an insurance carrier investigates a claim of loss and denies coverage because it concludes that a covered loss has not occurred, the insurance carrier cannot assert the insured’s failure to comply with the … Continue reading

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Is Insurance Coverage Fully Contradicted by an Exclusion or Limitation?

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

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