[Liability Insurance] Florida Bar Insurance & Surety Committee

Sun Dec 16 15:16:49 PST 2012

Cary:

I am attaching the following additional materials for the CLE presentation tomorrow:

1.       Judge Traynor's April 20, 2012 Trial Order denying the Motion to Intervene;

2.       MCC's  requested Special Jury ROGS at Trial;

3.       MCC's Pre-Trial Request to Insured though Insurance Defense Counsel for Special ROGS;

4.       Insured's Counsel's Response to Carrier's Request for Special ROGS;

5.       Carrier's Request for Special ROGS/Allocated Verdict in Clean Seas Case - Prior to Trial;

6.       December 2011 Motion to Intervene in Case before Judge Davis in Nassau County, Insured's separately retained counsel's objection and Order Denying;

7.       Duke v. Hoch, 468 F. 2d 973 (5th Cir. 1972)

I have had Insurance Carriers file motions to intervene in 2 cases I tried over the last year.  In both, they moved to intervene on the eve of trial, arguing the need for an allocated verdict and/or special interrogatories.  Your email attached the Treace Trial that was in St. Johns County before Judge Traynor.  This email includes the Dunes Trial that was before Judge Davis in Nassau County.  The key case in this area is Duke v. Hoch, copy attached.

Regards,

Ed

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan at gunster.com<mailto:ewhelan at gunster.com>

From: Wright, Wm. Cary [mailto:cwright at carltonfields.com]
Sent: Friday, December 14, 2012 3:59 PM
To: liability_insurance at lists.flabarrpptl.org
Cc: Woolard, Barbara C.; Whelan, Ed
Subject: Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits.  The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case.  This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting.  If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[cid:image001.png at 01CDDBB7.10AD3FA0]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780
Direct:  813.229.4135 | Fax:  813.229.4133

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