Florida Developments

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On March 24, 2010, Judge Rebecca Beach Smith of the U.S. District Court for the Eastern District of Virginia dismissed claims filed by a Virginia Beach-based builder seeking insurance coverage for the costs of voluntarily remediating Chinese Drywall. …
Read More Chinese Drywall – Federal Judge Rules No Coverage For Drywall Remediation

As reported here, the first federal trial in the nationwide Chinese drywall controversy began on February 19th, 2010 in New Orleans, La.  That trial, involving defendant Taishan Gypsum, has now concluded and Proposed Findings of Fact and Conclusions of Law have been submitted for consideration. 

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Read More Chinese Drywall – Second Bellwether Trial Complete

On March 1, 2010, the Florida Supreme Court heard oral argument in Rafael Vargas v. Enterprise Leasing Company, et al., SC08-2269.  The case challenges the application of a federal law that shields rental car companies from vicarious liability for accidents involving rental cars. 

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Read More Florida Supreme Court Considering Question of Rental Car Company Vicarious Liability

The District Court of Appeal of the State of Florida (the “Appeals Court”) recently affirmed the trial court’s determination that a doctor’s business owner insurer was not obligated to indemnify the doctor for a wrongful death suit that resulted, in part, from the mis-filing of laboratory results by the doctor’s assistant, although it did have a duty to defend. 

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Read More Florida Court Affirms That Insurer of Physician Is Not Obligated to Indemnify Based Upon Applicability of Business Liability Policy’s Professional Services Exclusion

On December 8, 2009, State Representative Bill Proctor filed HB 447, An Act Relating to Residential Property Insurance, in the Florida Legislature.  HB 447 would permit insurers to charge rates higher than those they have filed with the Florida Office of Insurance Regulation (FOIR) for residential property insurance that covers hurricane or windstorm risk, as long as the insurers comply with certain new requirements set forth in HB 447.

Read More Florida Legislator Seeks De-Regulation of Rates for Property Insurance that Covers Risk of Windstorm or Hurricane

On November 17, 2009, a bill was introduced in the United States House of Representatives that would ban insurance companies from canceling, or refusing to renew, the policies of homeowners as the result of Chinese manufactured drywall in the home. …
Read More Chinese Drywall – Legislation Introduced That Would Prevent Chinese Drywall Related Homeowners Policy Cancellations or Non-renewals

On Monday November 23, 2009, the Consumer Product Safety Commission (“CPSC”) issued a press statement and study results demonstrating a “strong association” between homes with the Chinese manufactured drywall and levels of hydrogen sulfide and corrosion of metals in those homes. 

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Read More Chinese Drywall – Consumer Product Safety Commission Finds Link Between Corrosion and Chinese Manufactured Drywall