Fla. Condo Board Not Insured Against Defamation, Judge Says

Law360 (March 5, 2019, 6:01 PM EST) -- A Florida magistrate on Monday recommended dismissing Amica Mutual Insurance Co.'s suit claiming United Specialty Insurance Co. has a duty to defend a condominium board president in a defamation suit, saying the alleged injury is not the type of unexpected physical one covered by the board's policy.

U.S. Magistrate Judge Bruce Reinhart recommended dismissing Amica's request that the court declare United has to defend Brian Upton, president of the Tierra Del Mar Condominium Association Inc., in a defamation suit filed against him by condo unit owner Frank Speciale.

The magistrate judge said the United policy's plain language demonstrates that the coverage...

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