Four little words—a, an, any, and the—can mean a world of a difference with respect to coverage for an innocent co-insured.  A federal judge (applying Florida law) recently ruled that “that the phrase ‘any insured’ unambiguously expresses a contractual intent to create joint obligations.” Stettin v. National Union Fire Insurance Company of Pittsburg, PA, 2017 WL 2858768 (11th Cir., July 5, 2017) (emphasis added).  The Settin Court solidified a prior U.S District Court for the Southern District of Florida case, which held that an intentional loss provision precluded coverage for even innocent co-insureds when the intentional loss provision contained language prohibiting coverage for intentional acts by any insured.

The Eleventh Circuit Court of Appeals reaffirmed that an insurer is entitled to summary judgment when its insured fails to abide with the policy’s cooperation clause, a condition precedent to filing suit.

This case provides valuable guidance regarding an insurer’s ultimate claim decision.  Even if an insurer denies a portion of the claim for lack of coverage, it can still compel appraisal or be forced into appraisal by the insured.  Notwithstanding appraisal, an insurer may still find itself in court over a coverage issue regarding an appraiser’s ultimate decision as to the amount and causes of loss.

"Leadership is about making others better as a result of your presence and making sure that impact lasts in your absence."

-Sheryl Sanberg

Join us in celebrating our newest Senior Associate! Congratulations to Katelyn Ferry in Tampa!

Congratulations to Attorney Katelyn Mae Ferry for being appointed as the Young Lawyers Division (YLD) Liaison to the Hillsborough County Bar Foundation (HCBF).  She will sit on the board of the Hillsborough County Bar Association (HCBA) YLD as the direct communication line to the Hillsborough County Bar Foundation.  

Congratulations to Jacob Hanson and Katelyn Desrosiers for completing the Hillsborough County Bar Association’s Bar Leadership Institute (BLI).