Tag Archives: liability insurance

Injured Parties Must Comply with Florida’s Nonjoinder Statute

When it comes to filing a claim against another’s liability insurer, injured parties sometimes try to improperly put the proverbial cart before the horse.   You CANNOT sue another’s liability insurer (a policy you are not insured under) until you … Continue reading

Posted in bad faith, Trial issue | Tagged , , , , , , , | Comments Off on Injured Parties Must Comply with Florida’s Nonjoinder Statute

It’s About Maximizing Insurance Coverage…

In an earlier posting, I discussed the benefit of working with an an attorney that understands the ins and outs of insurance coverage.   I want to add more to this sentiment because it is that important. Make sure your … Continue reading

Posted in Uncategorized | Tagged , , , | Comments Off on It’s About Maximizing Insurance Coverage…

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

Posted in CGL | Tagged , , | Comments Off on As a Claimant, what do You do if the Insured’s Liability Carrier Declines to Defend / Cover the Insured?

Builder’s Risk Insurance is a First-Party Policy

Builder’s risk insurance is NOT a liability insurance policy. It is NOT designed to indemnify the insured for losses claimed by third parties. Rather, builder’s risk insurance is a first-party policy—a type of property insurance policy—designed to cover an insured for losses … Continue reading

Posted in Property Insurance | Tagged , , , , , | Comments Off on Builder’s Risk Insurance is a First-Party Policy

Insured Needs to Understand Rights when Receiving Reservation of Rights Letter

If a third-party asserts a claim / lawsuit against you, whether for property damage or personal injury or negligence, you have probably tendered that claim / lawsuit to your liability insurance carrier. The reason you tendered the claim / lawsuit … Continue reading

Posted in CGL | Tagged , , , , , | Comments Off on Insured Needs to Understand Rights when Receiving Reservation of Rights Letter

Whether a Liability Insurer Engaged in “Bad-Faith” is Typically a Question of Fact

The question or issue of whether an insurer engaged in “bad-faith” is typically a question of fact for the jury based on the totality of the circumstances. Moore v. Geico Ins. Co., 2016 WL 736824 (11th Cir. 2016) (reversing summary … Continue reading

Posted in bad faith | Tagged , , , , | Comments Off on Whether a Liability Insurer Engaged in “Bad-Faith” is Typically a Question of Fact

You cannot Join Liability Insurer into Your Lawsuit

I have been damaged.  Can I sue the party that caused the damage (the insured) and its liability insurance carrier? No!  Florida’s non-joinder statute prevents a damaged party from suing a liability insurer (the damaged party is not insured under) … Continue reading

Posted in automobile liability, CGL, Professional Liability | Tagged , , , , | Comments Off on You cannot Join Liability Insurer into Your Lawsuit

How About that “Reservation of Rights” Letter

Sometimes, when a liability insurer disputes coverage or is uncertain coverage applies, it will provide a defense to its insured under a “reservation of rights.”  The insurer is reserving its rights to later deny coverage (as well as a continued … Continue reading

Posted in automobile liability, CGL, Professional Liability | Tagged , | Comments Off on How About that “Reservation of Rights” Letter