[Liability Insurance] FW: Florida Bar Insurance & Surety Committee Telephone Conference

[Pence, Scott]

FYI - I am forwarding the information below from Craig Stanovich, which relates to the question regarding the trigger in Florida (i.e. manifestation versus injury-in-fact) and the resulting conversation from our call this afternoon.

[Carlton Fields]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780
Direct:  813.229.4322 | Fax:  813.229.4133


From: Craig Stanovich [mailto:cstanovich at austinstanovich.com]
Sent: Monday, August 19, 2013 1:41 PM
To: Pence, Scott
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee Telephone Conference

Scott:

Thanks for the invitation - I hope that this was helpful to the participants.

As respects Florida's manifestation trigger (and for whatever it is worth and is the basis for my comments), this is from a treatise - General Liability Insurance Coverage - Key Issues in Every State - Randy Maniloff and Jeffrey Stempel (Second Edition- 2012) at 417:

"The manifestation trigger, which, by definition, limits coverage to a single policy year, was often advocated by insurers. However, it is the clear minority view."

As respects Florida, the treatise states at 446: "The Eleventh Circuit of Appeals rejected a manifestation trigger and adopted an injury-in-fact trigger for the purposes of damage caused by construction defects." And separately at 423: "A Florida District Court applied an injury-in-fact trigger to claims for environmental property damage."

Best regards,

Craig F. Stanovich, CPCU, CIC, CRM, AU
Principal Consultant
Austin & Stanovich Risk Managers LLC
1174 Main Street
Holden, MA 01520
Email: cstanovich at austinstanovich.com<mailto:cstanovich at austinstanovich.com>
Website: www.austinstanovich.com<http://www.austinstanovich.com>
Phone: 888-540-7604 xt. 102
Fax: 888-650-7803
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