Articles by William Rabb

No Duty to Defend Doesn’t Mean No Duty to Indemnify, 5th Circuit Rules

A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty to indemnify – even if it has no duty to defend a tort action against the insured thanks to an …

Fla. Supreme Court Allows Early Dismissal of Medical Malpractice Cases

Like a sports league deciding to make greater use of in-game instant replay on crucial calls, the Florida Supreme Court has made it a little easier for hospitals and other medical malpractice defendants to challenge expert witnesses’ qualifications. “This is …

Fla. Insurance Reform Bill Will Dampen Construction Defect Subrogation Suits

Florida lawmakers this year approved a measure that could help reduce liability insurance premiums for home and condo builders – and limit exposure and litigation for liability insurers. But Senate Bill 360, which took effect in April, could also make …

Liberty Mutual Avoids Payout Even Though Sublimit Omitted from Policy

What happens when an insurance carrier, its underwriter, a broker and the insured all forget to make sure a sublimit endorsement on wind-driven rain losses is included in a multi-million dollar property policy? In the case of a Liberty Mutual …

Nashville Bar Damaged by Car Bombing Sues Insurer

When a Tennessee man set off a bomb in downtown Nashville in 2020, it not only disrupted a peaceful Christmas morning in the city, it put some nearby establishments out of business for more than 30 months. The vehicle blast, …

Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims

Despite the Florida Legislature taking major steps to rein in the cost of roof claims and litigation, at least two insurers have come out with broad roof endorsements that seek to bar claims for wear and tear, poor workmanship and …

Fla. Judge Slams SFR for Misrepresentations in Appraisals

SFR Services, a Florida restoration firm made famous by its volume of claims litigation and its charges that United Property & Casualty Insurance Co. had instructed desk adjusters to alter their estimates, now finds itself in some legal trouble of …

As Lawyers Warned, Fla. Courts Flooded with Suits Before Tort-Reform Bill Signed

Just as the plaintiffs’ law firm of Morgan & Morgan warned, the number of Florida lawsuits filed across the state has shattered previous records, topping 280,122 in April, the Florida Bar reported. That’s more than double the previous record set …

Some Fla. Insurers Stop Altering Adjuster Reports, but Claims Still Not Paid

Even before the Florida Legislature adopted the Insurer Accountability Act of 2023, requiring insurers to stop altering independent adjusters’ damage estimates without providing transparency, a number of Florida property insurers and adjuster firms stopped the practice on their own, said …

Fla. Appellant Claims ‘No-Work’ Light Duty is an Ex-Mod Ruse

Most people will be familiar with the posters at workplaces noting the number of days since a lost-time work injury. Well, there’s a dirty little secret behind that, one that helps employers avoid higher experience modifications on their workers’ compensation …