Florida Developments

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The United States Circuit Court of Appeals for the Eleventh Circuit has asked the Florida Supreme Court to decide if liability insurance policies cover damages for violations of a federal law prohibiting the transmission of unsolicited advertisements by facsimile. …
Read More 11th Circuit Asks Florida Supreme Court to Decide Whether Liability Policy Covers Injury Caused by Faxing Unsolicited Advertisements

The Eleventh Circuit recently held that an excess Directors and Officers (“D&O”) insurance policy did not cover its insured’s attorney’s fees after the primary policy’s limits were depleted. …
Read More Eleventh Circuit Finds that Excess D&O Policy Did Not Cover Attorney’s Fees After Exhaustion of Primary Policy’s Limits

In Perera v. United States Fidelity & Guaranty Co., No. 06-10925, 2008 Westlaw 4514388 (11th Cir. Oct. 9, 2008), the Court of Appeals for the Eleventh Circuit certified two,  interrelated questions concerning bad faith to the Florida Supreme Court: (1) whether an insured can bring a bad faith claim if an excess judgment was not entered against him; and, if so, (2) whether the claim can be maintained if the insurer’s actions did not even expose the insured to   potential  liability in excess of aggregate policy limits. 

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Read More Eleventh Circuit Certifies Questions as to Whether Insured Can Maintain Bad Faith Claim Without Ever Having Been Exposed to Liability in Excess of Policy Limits

The National Council on Compensation Insurance (NCCI) proposes rates for workers’ compensation insurance in many states.  Owing to a significant drop in claims frequency and reductions in the costs of claims, NCCI proposed to reduce the cost of workers’ compensation in Florida by 14.1 percent effective January 1, 2009.  The increased reduction would save employers in Florida more than $610 million during 2009. 

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Read More Florida Insurance Commissioner Rejects Workers’ Compensation Rate Filing

A Florida federal district court recently held that an appraiser’s finding that an insurer’s settlement of a property claim was too low cannot, by itself, sustain a cause of action for statutory bad faith. 

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Read More Florida Federal Court: Appraiser’s Finding That Insurer’s Calculation of Loss Was Too Low Is Insufficient to Support Statutory Bad Faith Claim

Last August, Florida Governor Charlie Crist announced that nine health insurers submitted insurance coverage plans to provide healthcare insurance under the Cover Florida plan.  The names of participating insurers were to be announced in early October, but have now been delayed due to scheduling conflicts during negotiations. …
Read More Announcement of Cover Florida Participating Health Insurance Companies Delayed

Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department will host a webinar on the above topic on Monday, September 29, 2008 at 12:00 PM EDT / 5:00 PM BST. …
Read More Edwards Angell Palmer & Dodge Webinar: ‘Mortgage-Backed and Auction-Rate Securities: Structure, Litigation and Insurance Issues’

On September 16, 2008, the Florida Office of Insurance Regulation (OIR) announced that, in its capacity as the Financial Services Commission, the Florida Cabinet approved a rule permitting approved, unaccredited reinsurance companies to conduct business in Florida without posting 100% collateral. 

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Read More Florida Relaxes Collateral Rules for Unaccredited Reinsurers

In James River Ins. Co. v. Ground Down Engineering, Inc., No. 07-13207 (11th Cir. August 20, 2008), the Eleventh Circuit Court of Appeals recently ruled that a Florida state appellate court erred by refusing to give effect to an absolute pollution exclusion in a professional liability policy. …
Read More Environmental Claims – 11th Circuit Applies Absolute Pollution Exclusion

In Buckley Towers Condominium, Inc. v. QBE Ins. Co., No. 07-22988-CIV, 2008 WL 2645680 (S.D. Fla., Jun. 26, 2008), a Florida federal court found that financial or contractual documents between an insurer and its adjusting agent are not discoverable in a coverage action, but the agent may be deposed as to his knowledge of financial incentives, and such testimony may be admissible for impeachment purposes. …
Read More Florida District Court Disallows Production of Documents Regarding Agent’s “Loss Ratio Bonuses” But Holds That Plaintiff May Nevertheless Depose Agent for Impeachment Purposes