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Tag Archives: indemnification

Insurance Company Not Responsible For Paying Pre-Tender Legal Fees

Insurance carriers can breathe a little easier. The Eleventh Circuit recently ruled, in EmbroidMe.com, Inc. v. Travelers Property & Casualty Co. of America, that an insurer did not have to pay attorneys’ fees incurred by its insured before the insured notified it of the litigation.

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Whether There is a Duty to Defend an Indemnity Claim Against an Employer That Arises Out of an Employee’s Injury

Most, if not all, commercial general liability policies contain a workers’ compensation exclusion, which have been widely interpreted to exclude claims made by employees directly against their employers.[i] However, that exclusion can be avoided in certain circumstances where a party that was liable for the employee’s injuries seeks indemnity back against the employer, as outlined in a recent South Florida case.[ii]

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Risks to Consider When Entering into a Coblentz Agreement

When entering into a consent judgment that purports to assign rights under an insurance policy, both the assignee and insurer should be cautious of various issues that could preclude coverage. Some of these issues include whether the insured was an additional insured under the policy, whether the judgment is for damage/loss covered under the policy, Read More…

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Attorney’s Fees Constitute Covered “Court Costs”

In Mid-Continent Casualty Company v. James T. Treace, 41 Fla. L. Weekly D60c (Fla. 5th DCA Dec. 31, 2015), Florida’s Fifth District Court of Appeal recently held that attorney’s fees awarded to a Plaintiff in a construction defect action against an insured contractor were covered under a supplementary payment provision in a commercial general liability Read More…

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CSK Attorneys Published in The Lawyer Issue

David Salazar and Craig Distel recently published an article titled “Goodnight Contractors – Sanislo v. Give the Kids” analyzing the Florida Supreme Court’s February 12, 2015 decision in Sanislo v. Give the Kids the World, Inc.[1] and its potential impact on the construction industry. Their article will be appearing in the upcoming edition of The Lawyer Issue, an Read More…

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Construction Law Success Story: Partial Summary Judgment on Duty to Defend Structural Engineer

Cole, Scott & Kissane’s Florida Construction Law Attorneys, David Salazar and Dave Peterson, recently obtained partial summary judgment on the duty to defend a structural engineer in a construction delay claim. This case is a winning example that the duty to defend is broader than – as well as separate and apart from – the Read More…

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Self-Insured Retention Obligations, Third-Party Indemnification Payments, and the Made Whole Doctrine

In Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., 2014 WL 463309 (Fla. 2014), the Florida Supreme Court decided a matter of first impression certified to it by the Eleventh Circuit Court of Appeals holding that an insured was permitted to apply third-party indemnification payments towards its self-insured retention (“SIR”) obligation under a Read More…

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