
In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine the duty to defend. This underlying suit involves a personal injury claim where the claimant sustained severe injuries while working at a construction site. The insurer claimed there was no duty to defend or indemnify the insured because the underlying plaintiff was an employee of the insured, meaning the employer liability and workers’ compensation exclusions should apply. After filing a declaratory
Continue Reading Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed