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Category: FAQs

A Lesson Learned: When Proving Material Misrepresentation Just Ain’t Good Enough

Nov 13, 2015 in FAQs by

In Citizens Property Insurance Corp. V. Ernesto and Rebecca Bascuas, a Florida 3rd DCA opinion issued October 14, 2015, the Court somehow allowed a policyholder to recover attorney fees and retain insurance benefits despite a clear finding of fact by the jury that the policyholder made false misrepresentations. In that case, Citizens defended a homeowner’s property damage breach of contract claim. Citizens had previously paid some of the damages being claimed. Subsequently, Citizens filed an affirmative defense alleging a material misrepresentation by the policyholder. Citizens also filed a counterclaim alleging unjust enrichment of the insured for the sums previously paid by Citizens.

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When an insurer is providing a defense under a reservation of rights, is the insurer required to hire separate counsel?

Sep 29, 2015 in FAQs by

Where coverage is potentially an issue, an insurer must decide whether to (1) assume its insured’s defense without reservation, despite the dispute; (2) obtain a non-waiver agreement after full disclosure of the coverage defenses it seeks to preserve; or (3) send a reservation of rights letter and appoint mutually agreeable defense counsel.

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