Insurance Coverage

Wednesday, April 11, 2018

Does A 558 Notice Constitute A “Suit” Under The Terms Of A CGL Policy? The Florida Supreme Court Says It Does, But It May Not Matter

In Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 232 So. 3d 273 (Fla. 2017), the Florida Supreme Court answered a certified question from the United States Court of Appeals for the Eleventh Circuit in the affirmative, finding that a Chapter 558 Notice does constitute a “suit” under the definitions in a CGL Policy.

Why Does The Definition Of “Suit” Matter?

An insurance carrier’s duty to defend is only triggered when there is a “suit” seeking damages for “property damage.” 

Read more . . .

Friday, December 15, 2017

The Known Loss Doctrine

Have you ever decided against purchasing insurance and then suddenly the insurance you should have purchased would have come in handy?  The thought that runs through most people’s head is “hey, maybe I can apply for insurance and have it in time before my car finally kicks the dust or before my new iPhone stops working after it took a plunge in the toilet.”  However, what most people do not realize is that a loss that is known to an applicant prior to a policy’s inception is not covered.


“[L]osses which exist at the time of the insuring agreement, or which are so probable or imminent that there is insufficient ‘risk’ being transferred between the insured and insurer, are not proper subjects of insurance.” 7 Lee R. Russ in consultation with Thomas F.

Read more . . .

Tuesday, June 23, 2015

Examinations Under Oath ("EUO") in Insurance Claims

Examinations Under Oath ("EUO") in Florida

Sometimes after submitting a claim to an insurance company, insureds are requested to participate in an Examination Under Oath, better known in the insurance world as an "EUO."  When an insurance company requests your attendance at an EUO, it's usually not a good thing.  The insurance company would like you to believe that it's just their way of saying "we need more information," but, to me, it really means "we're really considering denying your claim." 

An EUO is exactly what it sounds like: it's an examination (of you) by the insurance company, under oath.  You will be required to attend in person and will be sworn under oath. An attorney for the insurance company will ask you questions that you may have no idea how to answer. A court reporter will be present and will take down every word you say.  It's similar to a deposition in a lawsuit, but for an EUO, no pending lawsuit is required.  

If you're ordered to an EUO, the insurance company is probably considering denying your claim.  As stated above, the insurance company wants you to believe that they're just gathering information, but there is usually more to it than that.  There are circumstances that they may find questionable and they want to lock you into a statement that they can later use to deny your claim. Like on crime shows on TV, what you say can be used against you.  

Are you required to attend an EUO?  The short answer is generally, yes.  Your insurance policy likely has a clause that requires your (as the insureds) cooperation with the insurance company's investigation.  This cooperation clause likely requires your attendance at an EUO.  

The good news is, you can have an attorney present at an EUO.  And you should.  I tell all of my insurance clients that, like a deposition, you don't want to have your statement taken under oath without an attorney on your side. The insurance company will have an attorney that may be trying to make you say something to give them a reason to deny your claim.  It's best to have an experienced insurance attorney there with you to steer you clear of any traps.  A Florida EUO attorney will give you your best shot at getting the claim covered. 

 What type of claims do insurance companies request an EUO? All types, but often when there's a particularly tricky factual issue, often present in fire claims, theft claims, uninsured motorist claims, and claims where they suspect fraud. 

EUO's are not to be taken lightly.  If your insurance company requests an EUO from you, contact an experienced Florida EUO attorney immediately.  


Thursday, October 23, 2014

Todd Davis Selected to Jacksonville's Top Lawyers

Todd Davis of Davis Law Firm Selected to Jacksonville's Top Lawyers by Jacksonville Magazine

The October issue of Jacksonville Magazine selects and features the top lawyers in Northeast Florida. According to the article:

"Jacksonville Magazine offers readers a way to navigate the myriad of practicing attorneys in the River City. These aren’t just any attorneys, however. In the following pages, you’ll find a selection of the top legal eagles in the city." 

The online version of the article can be found here, and Mr. Davis is featured on the bottom right of page 33. 




Thursday, March 6, 2014

Jacksonville Business Litigation and Insurance Coverage Attorney

Welcome to the Davis Law Firm's Blog. We opened our doors this week, but have been practicing for several years at another law firm. Our office is located in the Bank of America Tower in Jacksonville, Florida.  We are primarily a business litigation and insurance coverage law firm.  I'll explain what that means below. 

In our insurance coverage cases, we represent policyholders and claimants. When an insurance company denies coverage or is suing its policyholder in a declaratory action, this often requires knowledgable legal representation.  This is where we come in.  Our insurance practice includes a significant amount of different policy and claim types, including: 

  • Denial of Insurance Coverage
  • Reservation of Rights Letter
  • Underpayment of Claims
  • Delays in Payment of Claims
  • Bad Faith by the Insurance Company
  • Commercial General Liability (CGL) Insurance Claims
  • Professional Liability Insurance Claims
  • Malpractice Insurance Claims
  • Errors and Omissions (E&O) Insurance Claims
  • Directors and Officers (D&O) Insurance Claims
  • Construction Defect Claims
  • Homeowner’s Insurance Claims
  • Homeowner’s Insurance Claims
  • Condominium Insurance Claims
  • Property Damage Claims
  • First-Party Property Damage
  • Windstorm and Hurricane Damage
  • Fire Damage Claims
  • Commercial Property Insurance
  • Sinkhole Property Damage Claims
  • Water Damage
  • Flood Damage
  • Theft Claims
  • Toxic Mold Claims
  • Mildew Claims
  • Smoke Damage
  • Damage from Another Vehicle
  • Lightning Damage
  • Vandalism Damage
  • Falling Objects
  • Roof or Building Collapse
  • Termite Damage
  • Ensuing Loss
  • Theft Insurance Claims
  • Business Interruption Claims
  • Life Insurance Claims
  • Disability Insurance Claims
  • Auto Insurance Claims
  • Health Insurance Claims
  • Employer Liability Insurance
  • Rescission of Insurance Policy
  • Examination Under Oath (“EUO”) Representation
  • Citizens Property Insurance Claims
  • Public Adjusters
  • Bad Faith Claims

For our business litigation cases, we represent businesses and individuals in the following areas of practice:

  • Business Formation & Development
  • Business Disputes
  • Collection of Business Debt
  • Complex Commercial Litigation
  • Construction Litigation
  • Consumer Protection
  • Contract Disputes
  • Corporate Officer, Director & Shareholder Liability
  • Eminent Domain Takings
  • Fraud and Negligent Misrepresentation
  • Insurance Coverage Litigation
  • Homeowner’s Association Disputes
  • Landlord-Tenant Law
  • Negligent Security
  • Non-Compete Litigation
  • Personal Injury
  • Professional Malpractice
  • Property Tax Appeals
  • Securities Arbitration & Litigation
  • Tortious Interference With Business Relationships
  • Wrongful Death

Wednesday, February 26, 2014


Welcome to the Davis Law Firm Blog, please check back for more information and updated blogs.

The Davis Law Firm is located in Jacksonville, Florida and serves clients throughout the states of Florida and Georgia, including Jacksonville, Miami, Pensacola, Orlando, Tampa, St. Petersburg, St. Augustine, Fort Myers, Daytona Beach, Panama City, Destin, Melbourne, Fort Lauderdale, West Palm Beach, Tallahassee, the Florida Keys, and everywhere in between.

© 2022 Davis Law Firm | Disclaimer
231 East Adams Street, Jacksonville, FL 32202
| Phone: 904.400.1429

Firm Overview | Practice Areas | Coverage Co-Counsel | Contact Us | Attorney Profiles

FacebookGoogle+TwitterLinked-In Company

Law Firm Website Design by
Amicus Creative