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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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Limitations of Exclusion j.

Submitted by Jessica Gregory and Carri Leininger on 25 Sep, 2024

A standard Commercial General Liability Policy will contain the following, or a somewhat similar exclusion   Exclusions This insurance does not apply to:   “Property damage” to … (5) that particular part of real property on…

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