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Who wins when an Endorsement conflicts with the Body of the Policy?

Submitted by Carri S. Leininger on 23 Jan, 2025

Insurance professionals and coverage attorneys already know the general law that governs policy interpretation.  Insurance contracts are construed in accordance with the plain language of the policies as bargained for by the parties.” Prudential Prop. & Cas. Ins. Co. v. Swindal, 622 So. 2d 467, 470 (Fla. 1993).

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Recission due to material misrepresentation

Submitted by Jessica Gregory and Carri Leininger on 27 Dec, 2024

An Insured’s misstatement or omission in an application for insurance need not be intentional to prevent recovery under an insurance policy, it must only be material. See Fla. Stat. §627.409. Even if the Insured did not provide the misinformation because the agent completed the…

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No Florida DCA case Law on EIFS exclusions

Submitted by Jessica Gregory and Carri Leininger on 27 Dec, 2024

Commercial General Liability Policies today will often include an exclusion related to installation of an Exterior insulation and finish system or EIFS. Some of the EIFS exclusions contain broader language then others.  For example, one version we have seen reads: This policy…

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