In insurance litigation, insureds often argue that, if a provision in an insurance policy is found to be ambiguous, that ambiguity should be resolved in favor of the insured, and against the insurer that drafted the contract, under the doctrine of contra proferentem. However, as demonstrated by the recent case of Catlin Specialty Ins. Co.
July 2014
Florida’s 3rd DCA Continues to Reverse Trial Court Statute of Limitations Rulings
By Gene Murphy on
Posted in Uncategorized
In Linares v. Universal Property and Cas. Ins. Co., 2014 Fla. App. LEXIS 10168, (Fla. 3rd DCA, July 2, 2014), the Court reversed the trial court’s summary judgment ruling in favor of the insurer (“Universal”), which determined that the homeowners’ breach of contract action was barred by the five-year statute of limitations…
Another State Weighs in on Pollution Exclusions in General Liability Policies
By J. Tyler Butts on
Posted in Pollution Exclusion, Property Insurance
In May 2014, Nevada became the latest state to interpret the breadth and applicability of the pollution exclusion contained within a third-party general liability policy. Although many states have considered this question, those courts have reached diametrically opposite conclusions, leading to confusion and uncertainly, particularly with respect to states that have yet to address the…