A better take on the "manifestation" issue under CGL policies - This is on appeal to the 1st DCA
I would argue that Essex cited to the Committee is the minority rule.
The majority rule is to the contrary. This Circuit Court opinion could
be helpful depending on which side you on. Fla. Law Weekly Supplement
is going to publish this.
Bob
Robert H. Buesing
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Trenam Kemker
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Federal cases generally apply the "manifestation doctrine" (see case cited today) and Florida state court cases generally apply the "continuous trigger" (Bob's cited case and several others). It is also important to keep in mind that finding a "duty to defend" is easier for a court than the test for finding coverage.
Certainly don't want to disagree with Bob, just throwing in my two cents.
Neal A. Sivyer
Sivyer Barlow & Watson, P.A.
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Robert H. Buesing
Sent: Monday, August 08, 2011 12:43 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] A better take on the "manifestation" issue under CGL policies - This is on appeal to the 1st DCA
I would argue that Essex cited to the Committee is the minority rule. The majority rule is to the contrary. This Circuit Court opinion could be helpful depending on which side you on. Fla. Law Weekly Supplement is going to publish this.
Bob
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