Submitted by Jessica Gregory on 21 Sep, 2022
Under Florida law, “an insurer’s duty to defend its insured against a legal action arises when the complaint alleges facts that fairly and potentially bring the suit within policy coverage.” Jones v. Fla. Ins. Guar. Ass’n, Inc., 908 So. 2d 435, 442-43 (Fla. 2005). In determining the duty to defend,…
Submitted by Jessica Gregory on 06 Sep, 2022
General Liability Insurance policies may contain an Endorsements titled “Total Pollution Exclusion”. Many of these Endorsements read as follows: TOTAL POLLUTION EXCLUSION ENDORSEMENT Exclusion f. under Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: This…
Submitted by Jessica Gregory on 01 Aug, 2022
An insurer has the burden of proof in demonstrating that a policy exclusion applies to bar coverage. See Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755 (Fla. 3rd DCA 2020) (If an insurer is relying on an exclusion to deny coverage/ a duty to defend, it has the…