Florida Developments

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In a greatly anticipated opinion, the Florida Supreme Court recently clarified the Valued Policy Law (“VPL”), §627.702(1), Fla. Stat. (2004).  Florida Farm Bureau Casualty Ins. Co. v. Cox, No. SC06-2494, 2007 WL 2727072 (Fla. S. Ct. Sept. 20, 2007).   The Court considered whether the  VPL required an insurer to pay the face value of the policy for a “total loss” caused, in part, by a covered peril and, in part, by a non-covered peril. 

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Read More Florida’s Valued Policy Law – The Florida Supreme Court Weighs In

On October 16, 2007, the Florida Office of Insurance Regulation (“FLOIR”) issued a subpoena to several Allstate entities requesting that  they appear before the FLOIR to give testimony and produce documents concerning their reinsurance program, their relationships to risk modeling companies, insurance rating organizations or companies and insurance trade associations.  The subpoena calls for the testimony to take place on January 15-16, 2008. 

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Read More Florida Issues Subpoena to Insurer in Investigation into Whether Federal and State Antitrust Laws are Being Broken

On September 18, 2007, a broad coalition of large institutional investors, state officials and environmental groups filed a petition for interpretive guidance with the U.S. Securities and Exchange Commission titled Request for interpretive guidance on Climate Risk Disclosure, No. 4-547.

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Read More Investors Representing $1.5 Trillion in Assets Call upon the SEC to Require Full Corporate Climate Risk Disclosure

Pursuant to Florida Administrative Code, chapter 62-761, effective December 31, 2009, all underground storage tank systems in the state of Florida must adhere to the requirements for “secondary containment” with “interstitial monitoring,” which were established in July 1998. 

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Read More Environmental Claims – Florida Underground Storage Tank Upgrades Required by December 31, 2009

In a recent decision, Florida’s First District Court of Appeal enforced an express New York choice of law/forum selection provision in an environmental liability policy insuring a gas station located in Florida. …
Read More Environmental Claims – Florida Appellate Court Enforces New York Forum Selection Clause in Petroleum Discharge Case