Announcing our senior partner Mark Boyle at National Business Institute (NBI, Inc) presenting his course, "Florida Construction Law: Advanced Issues and Answers", Tuesday July 26th, 2022 Register today at...
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Time Element Ensurance Coverage to Consider In Light of COVID-19
By Alex L. Brockmeyer, Esq. and Justin M. Thomas, Esq. The onset of the recently declared pandemic, COVID-19, has injected great turmoil into everyday life and has disrupted business as usual for companies and organizations, without prejudice to size or net worth. The...
The Eleventh Circuit Upholds Prior Knowledge Exclusion in Berkley Assurance Company v. Expert Group International Inc.
By, Esther A. Zucarro, Esq. Berkley Assurance Co. v. Expert Grp. Int'l Inc., 779 F. App'x 604 (11th Cir. 2019) addressed an insurance coverage dispute as to whether insurer Berkley Assurance Company (“Berkley”) owed a duty to defend and/or indemnify its insured,...
An Insureds’ COVID-19 Coverage Checklist
By, Justin M. Thomas, Esq. and Molly Chafe Brockmeyer, Esq. The onset of the recently declared pandemic, COVID-19, has injected great turmoil into everyday life and has disrupted business as usual for companies and organizations, without prejudice to size or net...
AI Indemnity Does Exist!
By, Laura F. Locklair, Esq. Believers in additional insured indemnity have a new soap box to stand on following the issuance of the court’s opinion in Portrait Homes – South Carolina, LLC and Portrait Homes – Persimmon Hill, LLC v. Pennsylvania National Mutual...
Additional Insureds Are Owed a Defense for the Entirety of the Suit Against Them, Not Just Some of the Claims and Insurers Cannot Shirk Their Defense Obligations Simply Because Another Insurer Has Picked Up the Defense
By, Amanda K. Anderson, Esq. Recently, in December 2019, the Middle District of Florida solidified an insurer’s defense obligations to an additional insured in two opinions arising from the same case – KB Home Jacksonville LLC v. Liberty Mut. Fire Ins. Co., No....
PICKING UP THE TAB: WHO IS RESPONSIBLE FOR THE DEFENSE UNDER POLICIES WITH A DEDUCTIBLE OR SELF-INSURED RETENTION?
Insurers often rely on deductible and/or self-insured retention (“SIR”) endorsements to shift the burden to pay for a portion of the defense to the insured. However, absent specific policy language, such endorsements do not operate to excuse or delay an insurer’s duty...
HOLD ON TO YOUR SOMBREROS: THE FOURTH DISTRICT COURT OF APPEALS IN CALIFORNIA REITERATES THAT LOSS OF USE CONSTITUTES “PROPERTY DAMAGE”
The recent decision in Mid-Continent Cas. Co. v Adams Homes of Northwest Florida, Inc., No. 17-12660, 2018 WL 834896 (11 Cir. Feb. 13, 2018) determined that loss of use claims—even where no physical damage to tangible property occurs—are potentially covered claims...
INTERPRETATION OF FRAUD/FORFEITURE PROVISIONS
Most insurance policies have some sort of provision that addresses what happens when an insured misrepresents or attempts to defraud an insurer. This provision, otherwise known as a “fraud provision” or “forfeiture provision” varies in effect depending on its breadth....
BOYLE, LEONARD & ANDERSON, P.A. IS A SPONSOR OF THE 2018 PERRIN CONFERENCES 4TH ANNUAL CONSTRUCTION DEFECT CONFERENCE IN FORT LAUDERDALE.
Attorney Mark Boyle will be speaking at Perrin Conferences’ National Construction Defect Conference on Nov. 14-16, 2018 in Fort Lauderdale, FL. Below is a link to the conference website where you can register: https://www.perrinconferences.com. The conference will be...
A LESSON TO INSURERS ON AI COVERAGE: SAY WHAT YOU MEAN, THE COURT WON’T ADD IT.
Moore v. Home Depot USA, Inc., No. CV 16-00810-BAJ-RLB, 2018 WL 4976811, at *1 (M.D. La. Oct. 15, 2018) A Louisiana federal court recently rejected an insurer’s attempt to escape providing defense and indemnity to an additional insured. In Moore v. Home Depot USA,...
ATTORNEY MARK BOYLE TO SPEAK AT THE ABA FORUM ON CONSTRUCTION LAW, 2018 FALL MEETING
With offices in Fort Myers, Tampa, South Carolina and North Carolina, Boyle, Leonard & Anderson, P.A.
is an insurance litigation law firm that serves clients across North America and the Caribbean.
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TAMPA, FL 33606
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CHARLESTON, SC 29407
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Brevard, NC 28712
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