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Expert Analysis

Duty To Defend In Florida Extends To Excluded Claims

Law360, New York (June 9, 2015, 10:34 AM EDT) -- The United States District Court of the Southern District of Florida in National Union Fire Ins. Co. v. Florida Crystals Corp., et al., No. 14-81134-CIV-COHN/VALLE (S.D. Fla. May 11, 2015) denied an insurer's motion for summary judgment that it had no duty to defend an insured farmer against claims concerning the aerial application of herbicide. The court held that allegations of unintentional harm constitute an accident that could qualify as an "occurrence" under an insurance policy. The court also ruled that a coverage endorsement restoring coverage for harms arising from the aerial application of chemicals prevailed over potentially applicable exclusions....

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