On Thursday, August 28, Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department will host a webinar entitled “Insurance Implications of Climate Change”. This 60 minute webinar will comprise a discussion of the global legal framework which recognizes the reality of climate change.
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Florida Developments
Bad Faith – Florida District Court Grants Summary Judgment in Favor of Insurer
Maldonado v. First Liberty Ins. Corp., 546 F. Supp. 2d 1347 (S.D. Fla. 2008), arose from an auto accident in which the insured’s wife collided with the father of three small children, causing his death As soon as it became aware of the accident, the insurer notified the insured that “the nature and extent of the damages and injuries being claimed suggests there is a potential exposure in excess of your policy limits. . . .”
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Governor Charlie Crist and Florida Insurance Commissioner Kevin McCarty meet with Lloyd’s of London
By Troutman Pepper Locke on
Governor Charlie Crist, Florida Insurance Commissioner Kevin McCarty, and Florida House Speaker Designate Ray Sansom were in London on July 15th to discuss state insurance issues. Representing Governor Crist’s Team Florida Trade and Business Development Mission, the delegation met with Lord Levene, Lloyd’s of London chairman. Crist and his team were expected to discuss the role of global reinsurance and the threat of global warming.
Florida Supreme Court Issues Revised Opinion In Pozzi: Claim For Repair Or Replacement Of Window That Was Defective Before Installation Is Not Covered By Standard CGL Policy
By Troutman Pepper Locke on
The Florida Supreme Court recently granted rehearing and issued a revised opinion in Auto-Owners Ins. Co. v. Pozzi Window Co., No. SC06-779 (Fla. June 12, 2008), six months after issuing its original opinion. …
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Florida Appeals Court: 2005 Asbestos and Silica Compensation Act is Unconstitutional
By Troutman Pepper Locke on
A Florida appellate court recently held that the retroactivity limitation for asbestos lawsuits under the state’s 2005 Asbestos and Silica Compensation Act rendered the entire Act unconstitutional.
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Insurers Questioned On Use Of Rate Model Assuming Increase in Weather Related Catastrophes
By Troutman Pepper Locke on
According to the Insurance Information Institute, the cost of homeowners insurance along the East and Gulf coasts has increased by as much as 100% since 2004. The Wall Street Journal (WSJ) recently reported that regulators and other critics contend that this increase in premiums is due in part to insurers’ use of a “computerized catastrophe model” that assumes climate change resulting in more frequent and more severe hurricanes.
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Florida Supreme Court – Surplus Lines Policies Are Subject to Chapter 627, Florida Statutes
By Troutman Pepper Locke on
The Florida Supreme Court has provided an answer to a question important to insurers that have issued policies under Florida’s surplus lines laws. In Essex Ins. Co. v. Zota, Case No. SC06-2031 (June 26, 2008), the Court considered numerous questions certified from the U.S. Court of Appeals for the 11th Circuit. …
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Allstate Suspension Stands – Florida Supreme Court Denies Jurisdiction
By Troutman Pepper Locke on
The Florida Supreme Court has refused to weigh in on the ongoing clash between the Florida Office of Insurance Regulation (OIR) and Allstate. As reported here, here, and here, Florida Insurance Commissioner Kevin McCarty served subpoenas on Allstate, seeking internal documents concerning its reinsurance program. When Allstate failed to comply with the subpoenas, the OIR suspended the rights of Allstate companies to issue new policies in Florida.
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Florida Bad Faith – Federal District Court Finds That Policyholder Failed To Sufficiently Plead Punitive Damages Claim
In 316, Inc. v. Md. Cas. Co., Case No. 3:07cv528-RS-MD (N.D. Fla. May 21, 2008), an insured, whose commercial building had been damaged by Hurricane Ivan, alleged that its insurer acted in bad faith by refusing to pay for the damages. …
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Florida’s Insurance Commissioner Approves Transfer of 100,000 Citizens Policies to Private Market
By Troutman Pepper Locke on
Florida Insurance Commissioner Kevin McCarty announced last week that the Office of Insurance Regulation (OIR) has approved plans for six insurance companies to remove 100,000 policies from Citizens Property Insurance Corporation, Florida’s state created insurer of last resort. Some of the companies have already begun the take out process, which is scheduled for completion in June. …
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