[Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, April 21, 2014, beginning at Noon
Pence, Scott
SPence at cfjblaw.com
Mon Apr 21 09:08:12 PDT 2014
Folks,
Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:
Click here to record your attendance: Record Your Attendance<https://docs.google.com/forms/d/1hQ52LKf8LgI9GCYOXnNnaLDkjKmzoJ8756rLPMV2i0c/viewform?usp=mail_form_link>
Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHJRZGhLeDFzWmdFYUZ3SzFaVFBzYVE&usp=drive_web#gid=0>
Thanks,
Scott
From: liability_insurance-bounces at lists.flabarrpptl.org [mailto:liability_insurance-bounces at lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary
Sent: Monday, April 21, 2014 11:29 AM
To: Whelan, Ed; liability_insurance at lists.flabarrpptl.org
Subject: Re: [Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, April 21, 2014, beginning at Noon
Ed:
Thanks so much for the materials. I am looking forward to your very substantive presentation.
Regards,
Cary
[Carlton Fields Jorden Burt, P.A.]
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
cwright at cfjblaw.com<mailto:cwright at cfjblaw.com> | www.CFJBLaw.com<http://www.cfjblaw.com/>
bio<http://www.cfjblaw.com/cwright/> | vcard<http://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270> | LinkedIn<http://www.linkedin.com/in/wcarywright>
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
From: Whelan, Ed [mailto:EWhelan at gunster.com]
Sent: Monday, April 21, 2014 10:17 AM
To: Wright, Wm. Cary; liability_insurance at lists.flabarrpptl.org<mailto:liability_insurance at lists.flabarrpptl.org>
Cc: Michael J. Gelfand
Subject: RE: Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, April 21, 2014, beginning at Noon
Cary and Committee Members:
I am attaching a few other pleadings/orders that I will cover in my presentation at 12. These additional pleadings/orders and their significance are as follows:
1. Carithers v MCC order 3/11/14 - addressing coverage issues under CGL policy
2. Carithers v MCC order 2/10/14 - holding Florida follows injury in fact trigger and not time on the risk - holding occurrence is when the defective work was performed
3. Treace v MCC Garnishor's Proposed Order Following Trial: - addressing the rip and tear defense
4. Treace v MCC order 1/17/14 - holding only insured entitled to attorneys' fees against Insurance Carrier
5. Treace v MCC order 1/14/14 - denying MSJ on insurance carrier's failure to disclose divergence of interest under Duke v Hoch
6. Treace v MCC order 1/14/14 - denying MSJ on insurance carrier's failure to disclose divergence of interest under Duke v Hoch
7. Treace v MCC Depo Excepts - Insurance carrier rep admitting that carrier failed to disclose a divergence of interests
Brief outline of topics I intend to cover:
1. Use of Garnishment Action and Implead to Collect From Insurance Carriers
a. Prevent removal
b. Keep case with Judge that tried underlying action
c. Potential to recover from multiple policies absent a non-cumulative provision
d. Application of set off under Garnishment Statute
2. Carrier's Motions to Intervene in Underlying Trial and Burden to allocate between covered and non-covered damages post judgment
a. Last minute motions to intervene - what to do?
b. Divergence of interests
c. Lack of knowledge by plaintiff of specific coverage "setup" reasons for Carrier's motion
d. Special Rogs
3. Applicable Trigger for coverage under a CGL policy for construction defect claims
a. differences between Federal and State Courts
b. is there any difference between injury in fact and manifestation
c. need to have expert testimony to establish occurrence date - suggestions as to how to do so
d. distinction between knowledge for SOL vs. knowledge for trigger
4. Mold Exclusion -- applicability to defect cases
5. Defenses to the Enforceability of Restrictive Endorsements when Carrier fails to properly disclose
a. 627.4133(1)(a) - non-renewal requirements to disclose
6. Rip and Tear Defense - its misapplication by carriers
7. Recovery of Attorneys' Fees Post Judgment
a. Haynes 793 So 2d 1006 (5th DCA 2001): Attorneys' fees from underlying trial not damages and not costs - judgment plaintiff can't recover them from Carrier
b. Lucas Waterproofing 581 FSupp2d 1201 (SD Fla 2008): distinguishing Haynes as relying upon non-insurance cases and holding that attorneys' fees awarded in the underlying trial as recoverable
From: Wright, Wm. Cary [mailto:cwright at cfjblaw.com]
Sent: Friday, April 18, 2014 3:48 PM
To: liability_insurance at lists.flabarrpptl.org<mailto:liability_insurance at lists.flabarrpptl.org>
Cc: Whelan, Ed; Michael J. Gelfand
Subject: Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, April 21, 2014, beginning at Noon
Everyone:
I hope you are having an enjoyable Easter weekend.
Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, April 21, 2014 at noon: (1) agenda; (2) minutes of the March 17, 2014 telephone conference; and (3) a copy of a Trial Court judgment in the James T. Treace and Angeline G. Treace v. Harbor Island Joint Venture III et al.
The CLE presentation will be by Ed Whelan, a shareholder in the Jacksonville office of Gunster. Ed will present on the attached case in which he was able to garnish CGL insurance proceeds as a result of obtaining a judgment in the underlying construction defect action. This is a very interesting and timely case with practical implications to those seeking to recover on hard-earned judgments. We will all benefit from Ed's insight and experience from this case.
The dial-in information is:
Dial-in: 888-376-5050
Pin: 8425484201#
Moderator: 13137#
Thanks and I appreciate everyone's participation.
Cary
[Carlton Fields Jorden Burt, P.A.]
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
cwright at cfjblaw.com<mailto:cwright at cfjblaw.com> | www.CFJBLaw.com<http://www.cfjblaw.com/>
bio<http://www.cfjblaw.com/cwright/> | vcard<http://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270> | LinkedIn<http://www.linkedin.com/in/wcarywright>
Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
________________________________
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note.
http://www.gunster.com/terms-of-use/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/liability_insurance/attachments/20140421/6c2acdc8/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 19381 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/liability_insurance/attachments/20140421/6c2acdc8/image001-0001.png>
More information about the Liability_Insurance
mailing list