Cases
Experiences: Starr Indem. & Liab. Co. v. David Rodriguez, 1:19-cv-20097-RS (S.D. Fla. Sept. 29. 2020) (summary judgment entered in favor of insurer after the insured failed to report an accident giving rise to a wrongful death suit for approximately two years
insurer had no obligation to defend or indemnify due to the insured's breach of the business auto policy's notice requirements).
Zamora v. Ace Am. Ins. Co ., 830 Fed. Appx. 296 (11th Cir. 2020) (affirming summary judgment entered in favor of excess insurer
insurer satisfied its statutory obligation to make $1 million in Uninsured Motorist Coverage available as part of the application
named insured rental car company's selection of $100,000 coverage limit was binding upon rental car customers).
Starr Indem. & Liab. Co. v. Miami Chocolates, LLC, 17-CV-23626, 2018 WL 4026731, at *8 (S.D. Fla. Aug. 21, 2018) (summary judgment granted in favor of insurer
policy's breach of contract
trademark infringement exclusions applied to relieve insurer of any duty to defend or indemnify its insured with respect to a claim for unfair competition premised upon the insured's alleged unauthorized use
display of a trademark
other br
-name items following the termination of a franchise agreement).
QBE Specialty Ins. Co. v. Scrap., Inc., No. 3:16-cv-00212-MCR-EMT (N.D. Fla., March 2, 2018)
aff'd, 806 Fed. Appx. 692, 696 (11th Cir. 2020) (summary judgment granted in favor of insurer
no coverage for $750,000 unallocated verdict where the insured refused to seek allocation despite numerous requests).
Certain Underwriters at Lloyds, London Subscribing to Policy No. SA 10092-11581 v. Waveblast Watersports, Inc., 80 F. Supp. 3d 1311 (S.D. Fla. 2015) (co-primary insurer was required to respond to underlying lawsuit on pro-rata basis by virtue of other insurance clauses contained in both policies).
Am. Econ. Ins. Co. v. Traylor/Wolfe Architects, Inc., 3:12-CV-1094-J-32JBT, 2014 WL 3867676 (M.D. Fla. 2014) (summary judgment granted in favor of insurer under business auto policy where the true facts demonstrated that the insured was not operating his vehicle for a business purpose, notwithst
ing the false allegations to the contrary in the underlying complaint
insurer had no duty to defend negligence suit arising from catastrophic motorcycle accident).
Ohio Cas. Ins. Co. v. Garden of Eat'n of Tampa, Inc., 8:10-CV-2602-T-33TBM, 2011 WL 3879512 (M.D. Fla. 2011), aff'd, 471 Fed. Appx. 862 (11th Cir. 2012) (summary judgment granted in favor of insurer based upon employers' liability exclusion).