Archive by Month: October 2021

Explaining Right of Contribution Among Liability Insurers

Posted in Legal Alerts on October 15, 2021

In June of 2019, the Florida Legislature passed a new law (Florida Statute, Section 624.1055) creating a right of contribution among liability insurers for defense costs associated with defending an insured shared between multiple insurance policies. The new law effectively overturned the longstanding precedent set by Argonaut Insurance v. Maryland Casualty, 372 So. 2d 960 (Fla. 3d DCA 1979), Continental Casualty Company v. United Pacific Insurance Company, 637 So. 2d 270 (Fla. 5th DCA 1994), and their subsequent progeny. Without a right of contribution, some insurers were incentivized to push back accepting liability for their policyholders in the hopes another of the insured’s policies would kick in and foot the bill. This law stood for many years.

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Diminution of Value Case Tried in Clay County

Posted in Verdicts and Settlements on October 6, 2021

Courtney Cargill, an associate in our Jacksonville office, recently tried a diminution of value case in Clay County. Plaintiff argued the accident caused by the Defendant resolved in more than $14,000.00 in damages and cause his 2021 Mazda to diminish in value by more than $8,000.00. The defense admitted liability, but argued the Plaintiff was made whole when he successfully traded in his vehicle and received more than his expert’s estimated value. Without his expert, Plaintiff was unable to prove his case and the Judge ruled in favor of the defense.

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