Category Archives: Trial issue

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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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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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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Experts are Important in All Cases–Even Insurance Coverage Cases

No matter what type of dispute you are in, experts are important and routinely used to help a party prove a component of their case, whether it be liability or damages. This is true for insurance coverage disputes. However, there … Continue reading

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Trial Issue: Avoid Inflammatory Comments in Suit Against Insurer

Closing argument is an important part of trial and projecting images or statements in a powerpoint presentation in conjunction with oral argument is a common and oftentimes effective approach. (For more on closing argument, click here.) However, just because you … Continue reading

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