Language of Insurance Policy Governs Even When Flatly Contradicted by Clear and Overwhelming Proof of the Parties’ Intent
Posted on May 16, 2023 in Insurance | Comments Off on Language of Insurance Policy Governs Even When Flatly Contradicted by Clear and Overwhelming Proof of the Parties’ Intent
It is a truth universally acknowledged (by judges and lawyers, anyway), that unambiguous contract language must be interpreted according to its plain terms, without resort to extrinsic evidence. But what if that extrinsic evidence shows, without dispute, that both parties meant something else entirely? That court answered that question in Shiloh Christian Center v. Aspen Specialty...
Motorized Scooter Was an “Uninsured Motor Vehicle” Sufficient to Trigger UM Coverage
Posted on May 16, 2023 in Insurance | Comments Off on Motorized Scooter Was an “Uninsured Motor Vehicle” Sufficient to Trigger UM Coverage
A Razor Pocket Mod scooter that struck a vehicle insured under a State Farm automobile insurance policy was an “uninsured motor vehicle” sufficient to trigger the policy’s Uninsured Motor Vehicle (“UM”) coverage. State Farm Mut. Auto. Ins. Co. v. Spangler, 64 F.4th 1173 (11th Cir. April 3, 2023). After Anna Spangler suffered injuries as a result of the collision with the scooter, she...
What Is an Illegal Human Life Wagering Contract?
Posted on Jan 18, 2023 in Insurance | Comments Off on What Is an Illegal Human Life Wagering Contract?
According to the Eleventh Circuit, that life insurance policy you took out on your own life with the intent to sell it to a stranger may not in fact be void as an illegal wagering contract. In Jackson National Life Insurance Co. v. Crum, 54 F.4th 1312 (11th Cir. 2022), the Eleventh Circuit adopted the Georgia Supreme Court’s answer to a certified question on this subject,...
No “Follow-the-Fortunes” Doctrine Where a Reinsurance Agreement’s Terms Are Plainly Inconsistent with the Doctrine
Posted on Aug 20, 2022 in Insurance | Comments Off on No “Follow-the-Fortunes” Doctrine Where a Reinsurance Agreement’s Terms Are Plainly Inconsistent with the Doctrine
The Eleventh Circuit in Public Risk Management of Florida v. Munich Reinsurance America, Inc., 38 F.4th 1298 (11th Cir. June 29, 2022), held that courts cannot infer application of the “follow-the fortunes” doctrine where a reinsurance agreement’s plain and unambiguous language is inconsistent with the doctrine. Public Risk Management of Florida (“PRM”), a self-insured...
Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law
Posted on Jun 15, 2022 in Insurance | Comments Off on Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law
Recognizing that every federal and state appellate court has held that the presence of Covid-19 does not cause direct physical harm to a business’s property, the Eleventh Circuit has held again—this time under Georgia law—that Covid-related expenses and losses are not covered by a business insurance policy. In Henry’s Louisiana Grill, Inc. v. Allied Insurance Co. of America, 2022 U.S....
All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
Posted on May 11, 2022 in Insurance | Comments Off on All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
The Eleventh Circuit has answered an important and timely question about insurance coverage for business losses due to COVID-19. Under Florida law, an “all-risk” insurance policy covering direct physical loss or damage does not insure against losses and expenses incurred by businesses as a result of COVID-19. In SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London, 2022 U.S....