Submitted by Jessica Gregory and Carri Leininger on 19 Oct, 2023
It is well settled Florida law that the threshold determination regarding a liability insurer’s duty to defend depends solely upon the allegations contained within the four corners of the complaint against the insured. Jones v. Florida Ins. Guar. Assoc., Inc., 908 So.2d 435 (Fla. 2005). If the complaint alleges…
Submitted by Jessica Gregory on 05 Aug, 2023
Florida Statute 624.155, provides: (3)(a) As a condition precedent to bringing an action under this section, the department and the authorized insurer must have been given 60 days’ written notice of the violation. Notice to the authorized insurer must be provided by the department to the…
Submitted by Jessica Gregory on 05 Jul, 2023
In declaratory judgment actions pertaining to insurance coverage for an underlying tort suit, an insured will often seek to depose the insurance company. However, if there are no factual issues in dispute, the insurance company should seek a protective order from such a request. Florida…