Page 19 - Reservation of Rights - Special Edition

FLORIDA
Notice
An insurer cannot deny coverage based on a particular coverage defense unless the insurer provides notice of its reservation of rights to assert a coverage defense within 30 days after the insurer knew or should have known of the coverage defense. Fla. Stat. § 627.426. The term “coverage defense,” as used in Fla. Stat. § 627.426, means a defense to coverage that otherwise exists and does not include a disclaimer of liability based on a complete lack of coverage for the loss sustained. Florida Mun. Ins. Tr. v. Vill. of Golf, 850 So. 2d 544, 548 (Fla. 4th DCA 2003).
Florida courts have held that alleged material misrepresenta- tions in an application for insurance, as well as late notice of a claim or lawsuit constitute a “coverage defense” within the meaning of Fla. Stat. § 627.426. Country Manors Ass’n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187, 1195 (Fla. 4th DCA 1988); Florida Physicians Ins. Co. v. Stern, 563 So. 2d 156, 158-59 (Fla. 4th DCA 1990).
However, failure to comply with this statute “will not bar an insurer from disclaiming liability where a policy or endorse- ment has expired or where the coverage sought is expressly excluded or otherwise unavailable under the policy or under existing law.” Danny’s Backhoe Service, LLC v. Auto Owners Ins. Co., 116 So. 3d 508, 511 (Fla. 1st DCA 2013) (quoting
2018 ReseRvation of Rights - special edition
FLORIDA– Miami
McIntosh Sawran & Cartaya, P.A. is a team of highly qualified professionals, including lawyers, certified legal assistants, registered nurse consultants and support staff. With three offices in South Florida and one in Central Florida, we provide the accessibility and responsiveness characteristic of smaller firms but with the professionalism, quality of services, depth of expertise and technology associated with larger organizations. Our team approach, within the office and with respect to client relationships, is an integral part of our working philosophy. These key ingredients enhance the firm’s responsiveness and enable us to provide legal services of the highest caliber. As an objective validation of these assertions, our firm is AV Peer Review rated in the LexisNexis Martindale-Hubbell Law Directory, which reflects the highest rating bestowed upon a firm by its peers in the legal community.
We embrace a total quality management philosophy in an ongoing effort to maintain and improve delivery of high-quality legal services. These continuous efforts are designed to enhance the firm’s responsiveness and overall level of service to our valued clients. Client surveys and other means are
used to regularly measure client satisfaction. The cornerstone of the firm’s service is to maintain regular and ongoing communication with clients. This aids us in developing an understanding of each client’s individual needs. It also helps in fostering a “partnering” relationship between the firm and its clients which is designed to maximize the effectiveness of the firm in representing all client’s interests. With offices in Fort Lauderdale, Miami, West Palm Beach and Orlando, we handle defense matters in the South Florida area, as well as throughout the State, with ease.
Practice Areas: Insurance Defense and Products Liability; Medical Malpractice Defense; Pharmacy Malpractice; Legal Malpractice; Other Professional Liability; Bad Faith Law and Insurance Coverage; Insurance Subrogation/Recovery; Construction Defect Litigation; Health Care Law; Admiralty and Maritime Law; Premises Liability; Aviation Law; Appellate/Trial Support; Long Term Care.
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