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

[Bruce Partington]

Was in depositions today so missed the meeting, but the attached article
from the Florida Bar Journal article is a good summary.

 

 

Bruce D. Partington

Clark Partington

bpartington at cphlaw.com <mailto:bpartington at cphlaw.com> 

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

 

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From: liability_insurance-bounces at lists.flabarrpptl.org
[mailto:liability_insurance-bounces at lists.flabarrpptl.org] On Behalf Of
Debbie Crockett
Sent: Monday, August 19, 2013 1:01 PM
To: Pence, Scott; liability_insurance at lists.flabarrpptl.org
Subject: Re: [Liability Insurance] FW: Florida Bar Insurance &Surety
Committee Telephone Conference

 

Attached is the 2012 Florida Middle District  Axis decision on trigger.

If anyone wants the name of some other Florida cases, let me know; I am
happy to provide. 

 

             Debbie Sines Crockett, Esq.

 

 

From: liability_insurance-bounces at lists.flabarrpptl.org [
mailto:liability_insurance-bounces at lists.flabarrpptl.org] On Behalf Of
Pence, Scott
Sent: Monday, August 19, 2013 1:40 PM
To: liability_insurance at lists.flabarrpptl.org
Subject: [Liability Insurance] FW: Florida Bar Insurance & Surety
Committee Telephone Conference

 

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.

 

 
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

Website: www.austinstanovich.com

Phone: 888-540-7604 xt. 102

Fax: 888-650-7803

 

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