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By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. In JB Recycling Group, Inc. v. Landmark American Insurance Company, 2012 WL 3516490 (S.D.Fla. 2012), a recycling company (“Company”) was performing mulching work on its own real property in Florida when its mulching excavator caught fire and released fuels and other fluids onto the Company’s […]
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC A self-insured retention (SIR) endorsement in a commercial general liability (CGL) insurance policy is an amount specified that the insured must pay before the insurance company pays under the policy. The case of Intervest Construction of Jax, Inc. v. General Fidelity Insurance Company, 2014 WL […]
THE INSURER’S DUTY TO DEFEND AND INDEMNIFY UNDER CGL POLICIES
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Commercial General Liability (“CGL”) policies are design to protect an insured against certain losses arising out of business operations. CGL policies generally provide that if the insured is sued for “bodily injury” or “property damage” occurring during an applicable policy period, the insurer will defend […]
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC A coverage exclusion found in many commercial general liability (CGL) policies is the “employer’s liability exclusion”. Under this exclusion, an employer’s insurance coverage does not extend to the bodily injury of its employees, when the injury arises out of and in the course of their […]
INSURER WAIVES RIGHT TO DENY COVERAGE UNDER FORFEITURE PROVISION
By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC Many insurance policies contain “forfeiture provisions” which are invoked by insurance companies to deny coverage for claims which would otherwise be covered under a policy. A common example of a forfeiture provision requires the insured to timely file a notice of […]