Empathy List Archives

WW

Wright, Wm. Cary

Sun, Jul 20, 2014 10:39 PM

Everyone:

I hope you are enjoying your weekend.

Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, July 21, 2014 at noon: (1) agenda; and (2) a copy of the recent 11th Circuit decision J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, Inc., 2014 WL 3377690 (11th Cir. July 11, 2014), which we will discuss during the CLE portion of the call.

The J.B.D. decision is another case interpreting the J.S.U.B. and Auchter line of cases regarding coverage under a standard CGL policy for construction defects. In J.B.D. the 11th Circuit found that there was a duty to defend but not a duty to indemnify. The court found that the insurer breached its duty to defend, and remanded to the District Court to determine the amount, if any, of consequential damages. It is instructive on how to plead a complaint to at least trigger the duty to defend.

The dial-in information is:

Dial-in: 888-376-5050

Pin: 8425484201#
Moderator: 13137#

The minutes and Google attendance links will be circulated by separate email.

We look forward to the call tomorrow.

Regards,

Cary
[Carlton Fields Jorden Burt, P.A.]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133

cwright@cfjblaw.com mailto:cwright@cfjblaw.com | www.CFJBLaw.com http://www.cfjblaw.com/
biohttp://www.cfjblaw.com/cwright/ | vcardhttp://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270 | LinkedInhttp://www.linkedin.com/in/wcarywright

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

Everyone: I hope you are enjoying your weekend. Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, July 21, 2014 at noon: (1) agenda; and (2) a copy of the recent 11th Circuit decision J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, Inc., 2014 WL 3377690 (11th Cir. July 11, 2014), which we will discuss during the CLE portion of the call. The J.B.D. decision is another case interpreting the J.S.U.B. and Auchter line of cases regarding coverage under a standard CGL policy for construction defects. In J.B.D. the 11th Circuit found that there was a duty to defend but not a duty to indemnify. The court found that the insurer breached its duty to defend, and remanded to the District Court to determine the amount, if any, of consequential damages. It is instructive on how to plead a complaint to at least trigger the duty to defend. The dial-in information is: Dial-in: 888-376-5050 Pin: 8425484201# Moderator: 13137# The minutes and Google attendance links will be circulated by separate email. We look forward to the call tomorrow. Regards, Cary [Carlton Fields Jorden Burt, P.A.] Wm. Cary Wright Attorney at Law Board Certified in Construction Law 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4135 | Fax: 813.229.4133 cwright@cfjblaw.com<mailto:cwright@cfjblaw.com> | www.CFJBLaw.com<http://www.cfjblaw.com/> bio<http://www.cfjblaw.com/cwright/> | vcard<http://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270> | LinkedIn<http://www.linkedin.com/in/wcarywright> Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

PS

Pence, Scott

Mon, Jul 21, 2014 1:52 PM

Folks,

Please use the following links to record your attendance at today's meeting.

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/forms/d/1u-tRTVcYkuWds2xaIae0If3Ilk4M_LaNAHTNi7vkYGE/edit
Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheets/d/19bRY5aC7hpzAB3emnUf4scnfwKnUR1m8-JLT7ou-p-s/edit#gid=2073838746

Note: there is also a place for you to provide us with input - please take a moment and let us know if there are any specific topic(s) you would like to see covered and/or if you know of any speaker(s) that you would recommend presenting a possible future CLE presentation.

Also, attached for review and approval are the minutes from our 6/16/14 conference call.

Thanks,
Scott

From: liability_insurance-bounces@lists.flabarrpptl.org mailto:liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary
Sent: Sunday, July 20, 2014 6:40 PM
To: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org; Jeffrey Paskert
Cc: Andrew O'Malley
Subject: [Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, July 21, 2014, beginning at Noon

Everyone:

I hope you are enjoying your weekend.

Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, July 21, 2014 at noon: (1) agenda; and (2) a copy of the recent 11th Circuit decision J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, Inc., 2014 WL 3377690 (11th Cir. July 11, 2014), which we will discuss during the CLE portion of the call.

The J.B.D. decision is another case interpreting the J.S.U.B. and Auchter line of cases regarding coverage under a standard CGL policy for construction defects. In J.B.D. the 11th Circuit found that there was a duty to defend but not a duty to indemnify. The court found that the insurer breached its duty to defend, and remanded to the District Court to determine the amount, if any, of consequential damages. It is instructive on how to plead a complaint to at least trigger the duty to defend.

The dial-in information is:

Dial-in: 888-376-5050

Pin: 8425484201#
Moderator: 13137#

The minutes and Google attendance links will be circulated by separate email.

We look forward to the call tomorrow.

Regards,

Cary
[Carlton Fields Jorden Burt, P.A.]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133

cwright@cfjblaw.com mailto:cwright@cfjblaw.com | www.CFJBLaw.com http://www.cfjblaw.com/
biohttp://www.cfjblaw.com/cwright/ | vcardhttp://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270 | LinkedInhttp://www.linkedin.com/in/wcarywright

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

Folks, Please use the following links to record your attendance at today's meeting. Click here to record your attendance: Record Your Attendance<https://docs.google.com/forms/d/1u-tRTVcYkuWds2xaIae0If3Ilk4M_LaNAHTNi7vkYGE/edit> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheets/d/19bRY5aC7hpzAB3emnUf4scnfwKnUR1m8-JLT7ou-p-s/edit#gid=2073838746> Note: there is also a place for you to provide us with input - please take a moment and let us know if there are any specific topic(s) you would like to see covered and/or if you know of any speaker(s) that you would recommend presenting a possible future CLE presentation. Also, attached for review and approval are the minutes from our 6/16/14 conference call. Thanks, Scott From: liability_insurance-bounces@lists.flabarrpptl.org<mailto:liability_insurance-bounces@lists.flabarrpptl.org> [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary Sent: Sunday, July 20, 2014 6:40 PM To: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org>; Jeffrey Paskert Cc: Andrew O'Malley Subject: [Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, July 21, 2014, beginning at Noon Everyone: I hope you are enjoying your weekend. Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, July 21, 2014 at noon: (1) agenda; and (2) a copy of the recent 11th Circuit decision J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, Inc., 2014 WL 3377690 (11th Cir. July 11, 2014), which we will discuss during the CLE portion of the call. The J.B.D. decision is another case interpreting the J.S.U.B. and Auchter line of cases regarding coverage under a standard CGL policy for construction defects. In J.B.D. the 11th Circuit found that there was a duty to defend but not a duty to indemnify. The court found that the insurer breached its duty to defend, and remanded to the District Court to determine the amount, if any, of consequential damages. It is instructive on how to plead a complaint to at least trigger the duty to defend. The dial-in information is: Dial-in: 888-376-5050 Pin: 8425484201# Moderator: 13137# The minutes and Google attendance links will be circulated by separate email. We look forward to the call tomorrow. Regards, Cary [Carlton Fields Jorden Burt, P.A.] Wm. Cary Wright Attorney at Law Board Certified in Construction Law 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4135 | Fax: 813.229.4133 cwright@cfjblaw.com<mailto:cwright@cfjblaw.com> | www.CFJBLaw.com<http://www.cfjblaw.com/> bio<http://www.cfjblaw.com/cwright/> | vcard<http://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270> | LinkedIn<http://www.linkedin.com/in/wcarywright> Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

MB

Mark Boyle

Mon, Jul 21, 2014 2:48 PM

Here are the briefing materials.

Mark A. Boyle, Sr., Esq.
Boyle, Gentile & Leonard , P.A.
ATTORNEYS AT LAW

2050 McGregor Boulevard
Fort Myers, FL 33901

(239) 337-1303 Phone
(239) 337-7674 fax
mboyle@boylegentilelaw.com mailto:ecombs@FBGLAWFIRM.COM

This electronic message transmission contains information from this law firm which may be confidential or privileged and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late, incomplete or may contain viruses. Be advised that e-mail is not secure so the sender advises you that you should not send personal or confidential information, which you may wish to protect, in any reply. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. IRS Circular 230 Disclosure. To the extent this e-mail contains federal tax advice, such advice was not intended to be used, and cannot be used by any taxpayer, for the purpose of: 1) avoiding penalties under the Internal Revenue Code or 2) promoting, marketing, or recommending to another party any transaction or matter addressed herein. If you would like us to prepare written tax advice designed to provide penalty protection, please contact us and we will be happy to discuss this matter with you in more detail.

From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary
Sent: Sunday, July 20, 2014 6:40 PM
To: liability_insurance@lists.flabarrpptl.org; Jeffrey Paskert
Cc: Andrew O'Malley
Subject: [Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, July 21, 2014, beginning at Noon

Everyone:

I hope you are enjoying your weekend.

Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, July 21, 2014 at noon: (1) agenda; and (2) a copy of the recent 11th Circuit decision J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, Inc., 2014 WL 3377690 (11th Cir. July 11, 2014), which we will discuss during the CLE portion of the call.

The J.B.D. decision is another case interpreting the J.S.U.B. and Auchter line of cases regarding coverage under a standard CGL policy for construction defects. In J.B.D. the 11th Circuit found that there was a duty to defend but not a duty to indemnify. The court found that the insurer breached its duty to defend, and remanded to the District Court to determine the amount, if any, of consequential damages. It is instructive on how to plead a complaint to at least trigger the duty to defend.

The dial-in information is:

Dial-in: 888-376-5050

Pin: 8425484201#
Moderator: 13137#

The minutes and Google attendance links will be circulated by separate email.

We look forward to the call tomorrow.

Regards,

Cary
[cid:image001.png@01CFA4D1.4E1394E0]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133

cwright@cfjblaw.com mailto:cwright@cfjblaw.com | www.CFJBLaw.com http://www.cfjblaw.com/
biohttp://www.cfjblaw.com/cwright/ | vcardhttp://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270 | LinkedInhttp://www.linkedin.com/in/wcarywright

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

Here are the briefing materials. Mark A. Boyle, Sr., Esq. Boyle, Gentile & Leonard , P.A. ATTORNEYS AT LAW 2050 McGregor Boulevard Fort Myers, FL 33901 * (239) 337-1303 Phone * (239) 337-7674 fax * mboyle@boylegentilelaw.com<mailto:ecombs@FBGLAWFIRM.COM> This electronic message transmission contains information from this law firm which may be confidential or privileged and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late, incomplete or may contain viruses. Be advised that e-mail is not secure so the sender advises you that you should not send personal or confidential information, which you may wish to protect, in any reply. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. IRS Circular 230 Disclosure. To the extent this e-mail contains federal tax advice, such advice was not intended to be used, and cannot be used by any taxpayer, for the purpose of: 1) avoiding penalties under the Internal Revenue Code or 2) promoting, marketing, or recommending to another party any transaction or matter addressed herein. If you would like us to prepare written tax advice designed to provide penalty protection, please contact us and we will be happy to discuss this matter with you in more detail. From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary Sent: Sunday, July 20, 2014 6:40 PM To: liability_insurance@lists.flabarrpptl.org; Jeffrey Paskert Cc: Andrew O'Malley Subject: [Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, July 21, 2014, beginning at Noon Everyone: I hope you are enjoying your weekend. Attached are the following for the monthly Insurance & Surety Committee conference call scheduled for Monday, July 21, 2014 at noon: (1) agenda; and (2) a copy of the recent 11th Circuit decision J.B.D. Construction, Inc. v. Mid-Continent Casualty Company, Inc., 2014 WL 3377690 (11th Cir. July 11, 2014), which we will discuss during the CLE portion of the call. The J.B.D. decision is another case interpreting the J.S.U.B. and Auchter line of cases regarding coverage under a standard CGL policy for construction defects. In J.B.D. the 11th Circuit found that there was a duty to defend but not a duty to indemnify. The court found that the insurer breached its duty to defend, and remanded to the District Court to determine the amount, if any, of consequential damages. It is instructive on how to plead a complaint to at least trigger the duty to defend. The dial-in information is: Dial-in: 888-376-5050 Pin: 8425484201# Moderator: 13137# The minutes and Google attendance links will be circulated by separate email. We look forward to the call tomorrow. Regards, Cary [cid:image001.png@01CFA4D1.4E1394E0] Wm. Cary Wright Attorney at Law Board Certified in Construction Law 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4135 | Fax: 813.229.4133 cwright@cfjblaw.com<mailto:cwright@cfjblaw.com> | www.CFJBLaw.com<http://www.cfjblaw.com/> bio<http://www.cfjblaw.com/cwright/> | vcard<http://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=270> | LinkedIn<http://www.linkedin.com/in/wcarywright> Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

MB

Mark Boyle

Mon, Jul 21, 2014 4:46 PM

Thomas v. W. World Ins. Co., 343 So.2d 1298, 1303 (Fla. 2d DCA 1977)https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1977147014&pubNum=735&fi=co_pp_sp_735_1303&originationContext=document&transitionType=DocumentItem&contextData=(sc.Keycite)#co_pp_sp_735_1303

Mark A. Boyle, Sr., Esq.
Boyle, Gentile & Leonard , P.A.
ATTORNEYS AT LAW

2050 McGregor Boulevard
Fort Myers, FL 33901

(239) 337-1303 Phone
(239) 337-7674 fax
mboyle@boylegentilelaw.com mailto:ecombs@FBGLAWFIRM.COM

This electronic message transmission contains information from this law firm which may be confidential or privileged and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late, incomplete or may contain viruses. Be advised that e-mail is not secure so the sender advises you that you should not send personal or confidential information, which you may wish to protect, in any reply. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. IRS Circular 230 Disclosure. To the extent this e-mail contains federal tax advice, such advice was not intended to be used, and cannot be used by any taxpayer, for the purpose of: 1) avoiding penalties under the Internal Revenue Code or 2) promoting, marketing, or recommending to another party any transaction or matter addressed herein. If you would like us to prepare written tax advice designed to provide penalty protection, please contact us and we will be happy to discuss this matter with you in more detail.

Thomas v. W. World Ins. Co., 343 So.2d 1298, 1303 (Fla. 2d DCA 1977)<https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1977147014&pubNum=735&fi=co_pp_sp_735_1303&originationContext=document&transitionType=DocumentItem&contextData=(sc.Keycite)#co_pp_sp_735_1303> Mark A. Boyle, Sr., Esq. Boyle, Gentile & Leonard , P.A. ATTORNEYS AT LAW 2050 McGregor Boulevard Fort Myers, FL 33901 * (239) 337-1303 Phone * (239) 337-7674 fax * mboyle@boylegentilelaw.com<mailto:ecombs@FBGLAWFIRM.COM> This electronic message transmission contains information from this law firm which may be confidential or privileged and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late, incomplete or may contain viruses. Be advised that e-mail is not secure so the sender advises you that you should not send personal or confidential information, which you may wish to protect, in any reply. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. IRS Circular 230 Disclosure. To the extent this e-mail contains federal tax advice, such advice was not intended to be used, and cannot be used by any taxpayer, for the purpose of: 1) avoiding penalties under the Internal Revenue Code or 2) promoting, marketing, or recommending to another party any transaction or matter addressed herein. If you would like us to prepare written tax advice designed to provide penalty protection, please contact us and we will be happy to discuss this matter with you in more detail.