Category Archives: CGL

Liability Insurer’s Duty to Defend Triggered by Allegations in Complaint

A liability insurer’s duty to defend its insured is triggered by the allegations in the complaint.  You probably already know this from reading a number of other articles on an insurer’s duty to defend.  A recent federal district court opinion … Continue reading

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If You are a Contractor that Subcontracts Work, You WANT the Subcontractor Exception to the “Your Work” Exclusion

As a contractor you need to appreciate the “your work” exclusion in your CGL policy.  It is an exclusion that will absolutely come into play if there is a latent construction defect claim asserted against you.  You also need to … Continue reading

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Insurer’s Initial Duty – The Duty to Defend Insured

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

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Don’t Let Your Insurer Argue Lack of Notice or Lack of Cooperation

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

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Insurer’s Duty to Defend Extends to Additional Insured

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

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Florida’s Nonjoinder Statute Not Designed to Allow You to Put the Cart Before the Horse

As a third party claimant, you cannot sue a wrongdoer-insured’s insurance carrier until you get a judgment against the insured. I have posted numerous posting regarding Florida’s nonjoinder statute and the fact that you cannot sue an insurer unless (i) … Continue reading

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Joining a Liability Insurer to a Judgment Against the Insured

I have discussed joining a liability insurer to a judgment against an insured under Florida Statute s. 627.4136(4).  There are situations when this is the strategy that a claimant in the process of obtaining a judgment against an insured wants to … Continue reading

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Take the Time to Understand the Significance of Primary and Noncontributory Language

Do you know what primary and noncontributory means when it comes to liability insurance coverage priority? If you do not, you should take the time to understand the significance of this language.  This language is important when when you want … Continue reading

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As a Claimant, what do You do if the Insured’s Liability Carrier Declines to Defend / Cover the Insured?

What do you do as a claimant if the insured’s liability insurance carrier declines to defend and cover your claim and you need this insurance to pay your claim? One thought to consider is entering into a Coblentz agreement with the … Continue reading

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Tendering the Defense of Lawsuit as Additional Insured

When a contractor is sued in a construction defect / damage lawsuit, the lawsuit should implicate the scope of work of certain subcontractors. The contractor wants to tender the defense of that lawsuit to those subcontractors that, hopefully, identified the … Continue reading

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