INSURANCE: COMMERCIAL INLAND MARINE INSURANCE: EQUIPMENT NOT DESCRIBED IN DECLARATIONS: COMMERCIAL GENERAL LIABILITY INSURANCE: EXCLUSIONS: DAMAGE TO PROPERTY YOU OWN OR RENT: CLAIMS ADMINISTRATION STATUTE: FAILURE TO COMPLY WITH NOTICE PROVISION OF SECTION 627.426(2), FLORIDA STATUTES, DOES NOT WAIVE EXCLUSION FROM COVERAGE

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Danny’s Backhoe Service, LLC v. Auto Owners Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D1185 (Fla. 1st DCA May 30, 2013)

This case involved a commercial general liability insurance policy with commercial inland marine insurance coverage.  When an employee of the insured damaged a leased backhoe, the lessor (who was an additional insured under the policy), … Click To Read Full Case Law Review...

INSURANCE: COMMERCIAL GENERAL LIABILITY INSURANCE: DUTY TO DEFEND: AUTOMOBILE EXCLUSION: WHO IS AN EMPLOYEE: DOCTRINE OF REASONABLE EXPECTATIONS: INSURER WITH NOTICE AND OPPORTUNITY TO DEFEND BOUND BY JUDGMENT AGAINST INSURED; APPEALS: ARGUMENTS RAISED FOR FIRST TIME IN ANSWER BRIEF

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Category 5 Management Group, LLC v. Companion Property and Casualty Insurance Company, ___ So. 3d ___, 36 Fla. L. Weekly D2520 (Fla. 1st DCA November 16, 2011)

The insured was hired by a general contractor to supervise its subcontractors.  The insured was sued when the employee of one of the subcontractors it was hired to supervise was involved in … Click To Read Full Case Law Review...

Insurance: Commercial General Liability Insurance, Exclusions, Personal Property In The Care, Custody, Or Control Of The Insured; Pleading: Motions To Dismiss, Four Corners Rule

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Flamingo Self Storage, LLC v. The Travelers Indemnity Company, ___ So. 3d ___, 35 Fla. L. Weekly D2018 (Fla. 4th DCA 9/8/10)

A tenant sued the owner of a self-storage facility after the theft of the tenant’s property.  The owner’s insurance company denied coverage based upon an exclusion for personal property in the care, custody, or control of … Click To Read Full Case Law Review...