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The Middle District of Florida addresses the definition of “property damage” under a commercial general liability policy.

Posted in Legal Alerts by Jeffery M. Paskert and Dara L. Dawson on Tue Apr 3, 2018

In Amerisure v. Auchter/Arch, Case No. 3:16-cv-407-J-39JRK (M.D. Fla. Mar. 27, 2018), the United States District Court for the Middle District of Florida arguably expanded the definition of “property damage” under a commercial general liability (“CGL”) policy, following a seeming trend in federal court decisions in Florida.

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Recent Florida Trial Court Decisions Confirm the Narrow Liability of Motor Vehicle Dealer Bond Sureties

Posted in Legal Alerts by Matthew G. Davis on Wed Feb 7, 2018

Florida trial courts affirm the statutory intent of motor vehicle dealer bonds, which is to provide a modest sum for consumers to recover when dealerships go out of business and default in their obligations.  read more

Chapter 558’s Notice of Claim Procedure – It May Trigger a Duty to Defend Under Your CGL Policy

Posted in Legal Alerts by Jeffrey M. Paskert and Dara L. Dawson on Wed Feb 7, 2018

The Florida Supreme Court recently answered a question that will impact for some time construction defect claims and those insurers called upon to defend them.  In the case styled Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, 42 Fla. L. Weekly S960b, the Florida Supreme Court ruled that the pre-suit notice and repair process set forth in Chapter 558, Florida Statutes, is a “suit” within the meaning of a commercial general liability policy.

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Eleventh Crcuit Affirms Summary Judgment in Favor of Surety Finding That Surety Is Not Bound by Default Judgment Against Bond Principal

Posted in Legal Alerts by Zack D. Anderson on Tue Jul 18, 2017

In David Lawrence Federer v. Zurich Am. Ins. Co., et al., No. 16-16592, 2017 U.S. App. LEXIS 12358 (11th Cir. July 11, 2017), Keith Lichtman and Zack Anderson obtained a favorable decision from the Eleventh Circuit Court of Appeals affirming the District Court’s (N.D. Ga. - Atlanta Division) grant of summary judgment in favor of their surety client.

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