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Policies on this Matter
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Coverage Assessment
Policy Details
ROR Triggers Identified
- Trigger 1: Late notice — 45 days from incident to notice
- Trigger 2: Professional services exclusion may apply
- Trigger 3: Contractual liability exclusion — indemnification agreement
Recommendations for Coverage Counsel
- 1Does the professional services exclusion apply to design advice given by a trucking company?
- 2Is the 45-day notice delay prejudicial as a matter of Florida law?
- 3Does the contractual liability exclusion bar coverage for the indemnification claim?
- 4Should a reservation of rights letter be issued before providing defense?
Exclusions Review
Claim alleges negligent design advice
"j(5) 'Professional services' means any service performed by or on behalf of any insured in the course of: (a) The practice of a profession, including but not limited to architecture, engineering, design… This exclusion applies regardless of whether the services are performed by a licensed professional."
Conditions Checklist
- Notice of Claim FLAGGED
45 days late — policy requires 'as soon as practicable'
Florida law: Prejudice required for late notice defense
- Cooperation Clause SATISFIED
Insured cooperating to date
- Voluntary Payments SATISFIED
No payments made without carrier consent
- Suit Requirement SATISFIED
Lawsuit filed March 15, 2025
Florida Law Flags
- Bad Faith Exposure (§624.155)
MONITOR — Late notice may trigger bad faith claim if prejudice cannot be shown
- UM/UIM Stacking
Not applicable — no UM/UIM in this policy
- Assignment of Benefits
No AOB issues identified
- Hurricane Deductible
Not applicable — not a property claim