Cases
Experience: Reported Cases: 'Atain Spec. Ins. Co. v. Carolina Prof'l Builders, LLC, No. 2:18-cv-2352-BHH, 2020 WL 5877143 (D.S.C. Oct. 2, 2020) (summary judgment finding insurer had no duty to defend or indemnify general contractor on a $3.9 million construction defect claim on an issue of first impression in SC regarding the policy's continuous or progressive injury limitation endorsement).
Mt. Hawley Ins. Co. v. Dania Dist. Ctr., Ltd., 763 F. Supp. 2d 1359 (S.D. Fla. 2011), aff'd, 513 Fed. App'x 890 (11th Cir. 2013) (obtained summary judgment in favor of insurer
$19 million consent judgment excluded under policy's pollution
continuous injury exclusions)
James River Ins. Co. v. Med-Waste Mgmt., LLC, 46 F. Supp. 3d 1350 (S.D. Fla. 2014) (summary judgment for insurer facing $10 million consent judgment in class action, finding no coverage under policy's TCPA exclusion)
Mir
a Constr. Devel. Inc. v. Mid-Continent Cas. Co., 763 F. Supp. 2d 1336 (S.D. Fla. 2010) (summary judgment for insurer regarding construction defect claim against home builder)
Kenneth Cole Productions, Inc. v. Mid-Continent Cas. Co., 763 F. Supp. 2d 1331 (S.D. Fla. 2010) (summary judgment for insurer in water damage claim by store against contractor that damaged fire sprinkler system)
James River Ins. Co. v. Oscar I. Garcia, Architect, P.A., 856 F. Supp. 2d 1284 (S.D. Fla. 2012) (no coverage in case involving first impression of specific extended reporting period language in claims made policy)
Geovera Spec. Ins. Co. v. Hutchins, 831 F. Supp. 2d 1306 (M.D. Fla. 2011), aff'd, 504 Fed. App'x 851 (11th Cir. 2013) (no coverage under policy's assault
battery exclusion)
Hamid Mohebbi, Pharm.D v. Founders Ins. Co., 41 F. Supp. 3d 1412 (S.D. Fla. 2014) (no coverage for judgment creditor where insured breached policy's late notice
cooperation conditions)
Maxum Indem. Co. v. Fla. Constr. Svcs, Inc., 59 F. Supp. 3d 1382 (M.D. Fla. 2014) (no coverage under policy's absolute pollution exclusion in claim involving fatal carbon monoxide poisoning)
Maryl
Cas. Co. v. Smartcop, Inc., 2012 WL 4344571 (S.D. Fla. Jul. 6, 2012) (no coverage for fatal car crash of Monroe County, FL sheriff's deputy under policy's software exclusion)
Maxum Indem. Co. v. Flanigan & Assoc. Ins., Inc., 2013 WL 3389449 (M.D. Fla. Jul. 8, 2013) (no coverage for wrongful acts prior to claims made policy's retroactive date)
RLI Ins. Co. v. Melchione, 2017 WL 3669517 (M.D. Fla. June 15, 2017) (no coverage under rental
commercial use exclusions in umbrella policy)
Rowl
v. Diamond State Ins. Co., 2013 WL 5275905 (S.D. Fla. Sept. 18, 2013) (foster care provider did not qualify as an insured under policy issued to state agency's subcontractor)
James River Ins. Co. v. Retro, LLC, 2016 WL 3360698 (M.D. Ala. June 9, 2016) (no coverage under policy's assault
battery exclusion)
Millennium Partners, LP v. Colmar Storage, LLC, 494 F.3d 1293 (11th Cir. 2007) (affirming judgment in favor of coffee broker in bailment action against warehouse)
Pendergrass v. R.D. Michaels, Inc., 936 So. 2d 684 (Fla. 4th DCA 2006) (affirming summary judgment in favor of employer for workers' compensation immunity)
Rouse-Miami, LLC v. Bentley's Luggage Corp., 948 So. 2d 928 (Fla. 3d DCA 2007) (reversing summary judgment on claim for breach of contract)
McKinney v. Fortune Ins. Co., 949 So. 2d 225 (Fla. 3d DCA 2006) (insurer with paper title to salvaged vehicle was not liable for owner's negligent use of vehicle)
Young v. State, 791 So. 2d 1121 (Fla. 4th DCA 2000) (reversing conviction based on introduction of improper character evidence)
