Liability Insurance

Liability insurance is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims. It protects the insured in the event he or she is sued for claims that come within the coverage of the insurance policy. Originally, individuals or companies that faced a common peril, formed a group and created a self-help fund out of which to pay compensation should any member incur loss (in other words, a mutual insurance arrangement). The modern system relies on dedicated carriers, usually for-profit, to offer protection against specified perils in consideration of a premium.
Posts about Liability Insurance
  • TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER

    … provided timely written notice of the lawsuit. An insured can forfeit otherwise valid coverage by failing to provide timely notice to the prejudice of the insurer. Under Florida law, if an insured’s notice is untimely, a presumption of prejudice arises. European Tile and Floors, supra, at *5. The insured can only prevail if it rebuts…

    Florida Construction Legal Updates- 12 readers -
  • “IS THE DEFECTIVE WORK COVERED BY INSURANCE?”

    … I have been asked this question quite a bit from owners, in particular: “The contractor committed defective work, but it has insurance. Doesn’t the insurance cover this defective work?” Ugh, NO! There is this misconception that liability insurance, specifically, is the be-all-and-end-all when it comes to defective work. This could…

    Florida Construction Legal Updates- 15 readers -
  • SOMETIMES YOU NEED TO CONSIDER THE COBLENTZ AGREEMENT

    … Since insurance, particularly liability insurance, is such an important component when it comes a construction project, understanding certain nuances such as a Coblentz Agreement (a what kind of agreement agreement?!?—keep reading) becomes helpful. If there is a construction defect claim / lawsuit, the implicated parties (e.g., contractor…

    Florida Construction Legal Updates- 14 readers -
  • TENDER THE DEFENSE OF A LAWSUIT TO YOUR LIABILITY CARRIER

    … Sometimes you come across a head scratcher. This would be a decision that does not seem to make a whole lot of sense. For instance, if you are sued and you maintain liability insurance that would potentially provide you a defense and indemnification, not notifying your insurance carrier is a head scratcher. You pay substantial dollars towards…

    Florida Construction Legal Updates- 16 readers -
  • COBLENTZ AGREEMENT AND ALLOCATION OF DAMAGES IN CONSENT JUDGMENT

    … recovers from the third-party’s liability insurer. (Check here for a presentation on Coblentz agreements.) One of the key components of the Coblentz agreement is the consent judgment given by the third-party to the claimant. It is always a good idea to allocate between damages covered by insurance and damages not covered by insurance. The reason…

    Florida Construction Legal Updates- 12 readers -
  • Common Issues with ATVs

    …”, Ehline says: “We had a client who had signed a waiver to use their off road vehicle on private land, but it turned out that the property owner had created a trap for the unwary, and was engaged in ‘active negligence’, which pierced the waiver and opened up the liability insurance policy to help pay our client’s clavicle injury” Having great…

    fountaininjurylaw- 35 readers -
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