On July 12, 2013, the Supreme Court of Georgia issued a ruling in Taylor Morrison Services, Inc. v. HDI-Gerling America Ins. Co., further interpreting and defining the term “occurrence” as used in the context of a "standard" CGL policy.[1] (No. S13Q0462; 2013WL3841555). The case was before the Supreme Court of Georgia at the request of the Eleventh Circuit to answer two specific questions under Georgia law: (1) whether an “occurrence” under the insurance policy only exists if damage occurs to other property (as opposed to an insured’s own work); and (2) if not, whether an “occurrence” exists for claims of breach of ... Continue Reading
Update on the Constitutional Attack On Florida’s 104 Week CAP on TTD
In March of this year (Volume 25, No. 146), we reported on a decision from the First District of the Florida Court of Appeal, which held the 104 week cap on TTD was unconstitutional In March of this year (Volume 25, No. 146), we reported on a decision from the First District of the Florida Court of Appeal, which held the 104 week cap on TTD was unconstitutional on the grounds that it denied right of access to courts. Westphal v. City of St. Petersburg, No. 1D12-3563 (2/28/13). Westphal, a firefighter, had reached the limit on entitlement to TTD, yet remained totally disabled. He was prevented from filing for permanent disability because ... Continue Reading
No Notice of Potential Litigation, No Possible Spoliation
Spoliation "is the destruction or the significant and meaningful alteration of evidence," so that the evidence is no longer available to a party in pending or future litigation. Spoliation “is the destruction or the significant and meaningful alteration of evidence,” so that the evidence is no longer available to a party in pending or future litigation. An individual or entity that causes either the intentional or unintentional spoliation of evidence is known as a spoliator. The reality is that the effects of spoliation can often be very harsh. However, the rules against spoliation do not require that individuals or ... Continue Reading