Disciplined in Sophisticated Defense and Insurance Litigation

April 01, 2011 | Publication| The Conflict PCA: When an Affirmance Without Opinion Conflicts with a Written Opinion

This article was submitted on behalf of the Appellate Practice Section of the Florida Bar. April 2011, Volume 85, No.4

July 08, 2013 PublicationPersonal Jurisdiction and the Stream-of-Commerce Theory: The Illinois Supreme Court Holds That Illinois Has Jurisdiction Over A French Company

In April 2013, the Illinois Supreme Court, in the case of Russell v. SNFA, 987 N.E.2d 778, held that Illinois had personal jurisdiction over SNFA, a French company, that supplied tail-rotor bearings custom made for helicopters manufactured by an Italian company.

Read More »
November 17, 2010 PublicationAIA Subrogation Waivers: Reason Reigns Supreme In Maryland

Court decisions concerning the scope and application of AIA subrogation waivers are vast and varied, but often employ strained legal logic.  Some courts focus narrowly on the meaning of the terms "Work" and "non-Work."  Other courts base their analysis on "the extent to which property insurance" may exist.  And sometimes, courts fail to address the underlying rationale for why AIA subrogation waivers are executed in the first place, while also ignoring the internal ambiguities within AIA contract documents themselves.

Read More »
May 27, 2010 PublicationPerera v. United States Fidelity & Guaranty Co.

In a decision that some may use to attempt to broaden the landscape for third-party bad faith actions, the Florida Supreme Court in Perera v. United Stated Fidelity & Guaranty Co., ___ So. 3d ___, 2010 WL 1791151 (Fla. 2010), held that an excess judgment is not necessarily required in order for a third-party bad faith action to be maintained against an insurer. A third-party bad faith action may in fact be permitted by the courts if the insurer's actions cause damages to the insured or result in exposure to the insured in excess of its policy limits.

Read More »
April 23, 2010 PublicationIs a Claim for Breach of Implied Warranty of Good Faith and Fair Dealing Distinct from a Bad Faith Action in a First-party Insurance Claim in Florida?

This is one of a series of articles under "Property Insurance Law Committee" originally published in ABA Committee News, Winter 2010

Read More »
April 23, 2010 PublicationIs the Increased Cost To Repair Undamaged Portions Of The Structure A Consequence Of Enforcement Of Building, Zoning Or Land Use Ordinance Or Law?

This is one of a series of articles under "Property Insurance Law Committee" originally published in ABA Committee News, Winter 2010.

Read More »
April 01, 2010 PublicationLewis F. Collins, Jr.: A Year Of Accomplishment – Keeping LCJ Focused On Procedural Rule Reform

A Year Of Accomplishment – Keeping LCJ Focused On Procedural Rule Reform.

Read More »
August 21, 2007 PublicationA Tale of Three Deductibles and Six Words: Florida Federal Court Upholds Insurers' Interpretation of Hurricane Deductibles in Absence of Genuine Policy Ambiguity

Within a 30-day period, the U.S. District Court for the Southern District of Florida addressed the application of hurricane deductibles in three different coverage matters. Although the policies at issue insured different types of risks and the policy language varied in each case, the court reemphasized the basic principles of interpretation of insurance contracts under Florida law: (1) ambiguous policy language is that which is susceptible to more than one reasonable interpretation and will be construed against the insurer; (2) in determining whether policy language is ambiguous, the inquiry is whether there is a genuine inconsistency in the policy, reading it as a whole; and (3) the mere absence of a definition for a word or phrase in a policy does not render it ambiguous.

Read More »
April 05, 2007 PublicationWhat the Heck is an Ensuing Loss?

The idea of "ensuing loss" sounds so simple. It is a loss that ensues from an earlier loss. In first party property insurance contracts, the "ensuing loss" concept comes into play when the initial loss is excluded, such as in the case of mold, water damage, or when a defective design causes the loss. When another loss ensues from the first excluded cause of loss, the intent of "ensuing loss" is to allow coverage for such ensuing damage. Up until now, conveniently, we have used the word ensuing to define "ensuing loss". Not exactly the model of clarity.

Read More »
March 13, 2003 PublicationEvolving Trends in Calculating ACV and Replacement Cost


Assuming that a loss falls with the terms and conditions of the insurance policy and is a covered loss, the next question to be addressed is the quantum of the loss. The quantum of the loss is generally resolved by valuation principles based on “Actual Cash Value” calculations or “Replacement Cost” calculations contained within the particular policy of insurance. The concept of Actual Cash Value arose from the general principle that insurance is traditionally intended to place an insured in the same position that it would be had no loss occurred. “Actual Cash Value” means the cash value of property immediately prior to the loss or damage. Patriotic Order Sons of America Hall Ass’n v. Hartford Fire, Ins. Co., 305 Pa. 107, 157 A. 259 (Pa. 1939).  Replacement cost on the other hand is designed to cover the difference between what property is actually worth immediately prior to the loss, i.e. its Actual Cash Value, and what it would cost to rebuild or repair that property after the loss. It is insurance on a property’s depreciation. Leo L. Jordan, What Price Rebuilding?, 19 ABA Fall Brief 17 (1990), cited with approval in State Farm Fire and Casualty Co. v. Patrick, 647 So. 2d 983 (1994).

Read More »
Key Points