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Article 24/02/2022
In Florida, a liability insurer has an affirmative duty to initiate settlement negotiations before receiving a settlement demand, but only in cases where liability is clear, the policy limits are insufficient, and there is a likelihood of an excess judgment against the insured. Here, we analyse a recent case addressing the scope of this duty.
Article 05/10/2021
The Ninth Circuit Court of Appeals delivered favorable decisions for insurers in a trio of rulings last week.
Article 16/06/2021
A liability insurer’s duty to defend a third-party lawsuit in Florida is triggered when the complaint against the insured alleges facts that potentially bring the action within the policy’s coverage grant. Like courts in other jurisdictions, Florida courts generally apply the eight corners rule that restricts the court’s analysis of the issue to the terms in the four corners of the policy and the allegations inside the four corners of the complaint.
