We’ve all likely seen USAA’s recent commercial campaign featuring Super Bowl Champion Rob Gronkowski attempting, unsuccessfully, to obtain insurance with USAA.

Although the commercials are lighthearted and humorous, they also raise an important point about the application for insurance benefits.
Continue Reading Accuracy in the Application for Insurance is Necessary to Avoid Claims of Misrepresentation

I’ve previously written about the “claims file privilege” in the state of Florida. In that blog post, Obtaining the Insurance Company Claims File, I discussed that the “claims file privilege” is a judicially created privilege and as a result of Florida abolishing common law privilege, privileges cannot be derived from judicial construction. Florida Statutes 90.501-90.510 discuss the applicable privileges in Florida, and “claims file” is not one of them.
Continue Reading The “Claims File Privilege” in Florida

Civil procedure is the bane of most 1L law students’ existence. Personally, I was far more interested in reading about the trains in Torts than I was learning the rules of civil procedure. At that time, I could not imagine writing a blog about the pleading standards of affirmative defenses, nor could I imagine how interested in such a procedural topic I would become. My civil procedure professor affectionately referred to the U.S. Supreme Court decisions in Twombly and Iqbal as the Twiqbal standard. In homage to Dean Charles Campbell, who cold-called me on day one, I will continue refer to Twombly and Iqbal as Twiqbal.
Continue Reading First Party Property Insurance Affirmative Defenses in Federal Courts: What Standard Applies?

A few years ago, my wife gave me a watch for my birthday. It is a simple modest three-hand Bulova and I was ecstatic. It was the best gift I ever received. It was slim and elegant and would be a perfect addition to my attire in my budding legal career. What I didn’t know then is how consumed by the world of watches I would become. I was so intrigued by that little watch that within the coming years I would buy and trade several watches from Tag Heuer to the famous Swiss brand with the 5-pointed crown. Then arose the problem, suddenly I had a few uninsured pieces of jewelry.
Continue Reading Watch Your Coverage