Empathy List Archives

WW

Wright, Wm. Cary

Fri, Dec 14, 2012 8:58 PM

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[Carlton Fields]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [Carlton Fields] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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.

WE

Whelan, Ed

Sun, Dec 16, 2012 11:16 PM

Cary:

I am attaching the following additional materials for the CLE presentation tomorrow:

  Judge Traynor's April 20, 2012 Trial Order denying the Motion to Intervene;

  MCC's  requested Special Jury ROGS at Trial;

  MCC's Pre-Trial Request to Insured though Insurance Defense Counsel for Special ROGS;

  Insured's Counsel's Response to Carrier's Request for Special ROGS;

  Carrier's Request for Special ROGS/Allocated Verdict in Clean Seas Case - Prior to Trial;

  December 2011 Motion to Intervene in Case before Judge Davis in Nassau County, Insured's separately retained counsel's objection and Order Denying;

  Duke v. Hoch, 468 F. 2d 973 (5th Cir. 1972)

I have had Insurance Carriers file motions to intervene in 2 cases I tried over the last year. In both, they moved to intervene on the eve of trial, arguing the need for an allocated verdict and/or special interrogatories. Your email attached the Treace Trial that was in St. Johns County before Judge Traynor. This email includes the Dunes Trial that was before Judge Davis in Nassau County. The key case in this area is Duke v. Hoch, copy attached.

Regards,

Ed

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan@gunster.com mailto:ewhelan@gunster.com

From: Wright, Wm. Cary [mailto:cwright@carltonfields.com]
Sent: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.; Whelan, Ed
Subject: Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[cid:image001.png@01CDDBB7.10AD3FA0]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/terms-of-use/

Cary: I am attaching the following additional materials for the CLE presentation tomorrow: 1. Judge Traynor's April 20, 2012 Trial Order denying the Motion to Intervene; 2. MCC's requested Special Jury ROGS at Trial; 3. MCC's Pre-Trial Request to Insured though Insurance Defense Counsel for Special ROGS; 4. Insured's Counsel's Response to Carrier's Request for Special ROGS; 5. Carrier's Request for Special ROGS/Allocated Verdict in Clean Seas Case - Prior to Trial; 6. December 2011 Motion to Intervene in Case before Judge Davis in Nassau County, Insured's separately retained counsel's objection and Order Denying; 7. Duke v. Hoch, 468 F. 2d 973 (5th Cir. 1972) I have had Insurance Carriers file motions to intervene in 2 cases I tried over the last year. In both, they moved to intervene on the eve of trial, arguing the need for an allocated verdict and/or special interrogatories. Your email attached the Treace Trial that was in St. Johns County before Judge Traynor. This email includes the Dunes Trial that was before Judge Davis in Nassau County. The key case in this area is Duke v. Hoch, copy attached. Regards, Ed Edward M. Whelan Board Certified in Construction Law (Florida Bar) Gunster, Yoakley & Stewart, P.A. Direct Dial: 904-350-7172 ewhelan@gunster.com<mailto:ewhelan@gunster.com> From: Wright, Wm. Cary [mailto:cwright@carltonfields.com] Sent: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org Cc: Woolard, Barbara C.; Whelan, Ed Subject: Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [cid:image001.png@01CDDBB7.10AD3FA0] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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. ________________________________ Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note. http://www.gunster.com/terms-of-use/

PS

Pence, Scott

Mon, Dec 17, 2012 5:14 PM

Folks,

Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ

Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0

Thanks,
Scott

[Carlton Fields]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary
Sent: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[Carlton Fields]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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 click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0> Thanks, Scott [Carlton Fields] Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary Sent: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [Carlton Fields] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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.

RF

Robert Friedman

Mon, Dec 17, 2012 6:11 PM

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am
happy to serve on a 627.4137 subcommittee and to present or write an article
for the newsletter on that or any other insurance topic that you have in
mind. I would like to get more involved with this great committee, so just
let me know how I can be of service.

Robert H. Friedman

Friedman P.A.

340 Royal Poinciana Way, Suite 317-202

Palm Beach, FL 33480

Phone: 561-800-2110

Fax: 561-246-3413

http://www.friedmanpa.com/ www.friedmanpa.com

http://www.insurancelawflorida.com/ www.insurancelawflorida.com

From: liability_insurance-bounces@lists.flabarrpptl.org
[mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of
Pence, Scott
Sent: Monday, December 17, 2012 12:14 PM
To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Folks,

Please click on the appropriate links below to record your attendance and/or
view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendance
<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand
1MVh0NS0tQ0FZZDhBbVUtRVE6MQ>

Click here to view attendees: View Attendees
<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0
FZZDhBbVUtRVE#gid=0>

Thanks,

Scott

Carlton Fields
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

From: liability_insurance-bounces@lists.flabarrpptl.org
[mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of
Wright, Wm. Cary
Sent: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December
17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy
of an Order and Motion to Intervene in the Mid-Continent Casualty Company v.
Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will
be discussed in the CLE presentation; and (4) a copy of the Axis Surplus
Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D.
Fla. June 5, 2012), which will be discussed if time permits. The conference
call information is: dial-in: 888-376-5050; Participant Code: 8425484201#;
Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent
Casualty Company v. Clean Seas Company, Inc. case. This is an important
case regarding the apportionment of damages following a jury verdict, and is
very interesting. If time permits, I will lead a discussion on The Axis
Surplus case, which is also important because there the court held that the
injury-in-fact theory, as opposed to the manifestation theory, is the
appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on
Monday.

Regards,

Cary and Fred

Carlton Fields
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

mailto:cwright@carltonfields.com cwright@carltonfields.com |
http://www.carltonfields.com/ www.carltonfields.com
http://www.carltonfields.com/cwright/ bio |
<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-
d67039e0882d> vcard

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.

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service. Robert H. Friedman Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: 561-800-2110 Fax: 561-246-3413 <http://www.friedmanpa.com/> www.friedmanpa.com <http://www.insurancelawflorida.com/> www.insurancelawflorida.com From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Monday, December 17, 2012 12:14 PM To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org Cc: Woolard, Barbara C. Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Folks, Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance <https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand 1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees <https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0 FZZDhBbVUtRVE#gid=0> Thanks, Scott Carlton Fields Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Wright, Wm. Cary Sent: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred Carlton Fields 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 <mailto:cwright@carltonfields.com> cwright@carltonfields.com | <http://www.carltonfields.com/> www.carltonfields.com <http://www.carltonfields.com/cwright/> bio | <http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8- d67039e0882d> vcard 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.

WE

Whelan, Ed

Mon, Dec 17, 2012 6:13 PM

Cary:

Can you check to see if I am a member of this committee? If not, what do I need to do to become one.

Ed

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan@gunster.com mailto:ewhelan@gunster.com

From: Robert Friedman [mailto:rob@friedmanpa.com]
Sent: Monday, December 17, 2012 1:12 PM
To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; Whelan, Ed
Cc: 'Woolard, Barbara C.'
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service.

Robert H. Friedman
Friedman P.A.
340 Royal Poinciana Way, Suite 317-202
Palm Beach, FL 33480
Phone: 561-800-2110
Fax: 561-246-3413
www.friedmanpa.com http://www.friedmanpa.com/
www.insurancelawflorida.com http://www.insurancelawflorida.com/

From: liability_insurance-bounces@lists.flabarrpptl.org mailto:liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott
Sent: Monday, December 17, 2012 12:14 PM
To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Folks,

Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ

Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0

Thanks,
Scott

[cid:image001.png@01CDDC58.49BEDB90]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

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: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[cid:image001.png@01CDDC58.49BEDB90]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/terms-of-use/

Cary: Can you check to see if I am a member of this committee? If not, what do I need to do to become one. Ed Edward M. Whelan Board Certified in Construction Law (Florida Bar) Gunster, Yoakley & Stewart, P.A. Direct Dial: 904-350-7172 ewhelan@gunster.com<mailto:ewhelan@gunster.com> From: Robert Friedman [mailto:rob@friedmanpa.com] Sent: Monday, December 17, 2012 1:12 PM To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; Whelan, Ed Cc: 'Woolard, Barbara C.' Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service. Robert H. Friedman Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: 561-800-2110 Fax: 561-246-3413 www.friedmanpa.com<http://www.friedmanpa.com/> www.insurancelawflorida.com<http://www.insurancelawflorida.com/> From: liability_insurance-bounces@lists.flabarrpptl.org<mailto:liability_insurance-bounces@lists.flabarrpptl.org> [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Monday, December 17, 2012 12:14 PM To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Folks, Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0> Thanks, Scott [cid:image001.png@01CDDC58.49BEDB90] Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 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: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [cid:image001.png@01CDDC58.49BEDB90] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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. ________________________________ Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note. http://www.gunster.com/terms-of-use/

FD

fred.dudley (at) hklaw.com

Mon, Dec 17, 2012 6:16 PM

Like me you obviously were able to avid military service, where I understand the motto to be: Never, never volunteer!

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://www.hklaw.com/id77/biosfrdudley
From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Robert Friedman
Sent: Monday, December 17, 2012 1:12 PM
To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; 'Whelan, Ed'
Cc: 'Woolard, Barbara C.'
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service.

Robert H. Friedman
Friedman P.A.
340 Royal Poinciana Way, Suite 317-202
Palm Beach, FL 33480
Phone: 561-800-2110
Fax: 561-246-3413
www.friedmanpa.com http://www.friedmanpa.com/
www.insurancelawflorida.com http://www.insurancelawflorida.com/

From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott
Sent: Monday, December 17, 2012 12:14 PM
To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Folks,

Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ

Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0

Thanks,
Scott

[Carlton Fields]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

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: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[Carlton Fields]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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.

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Like me you obviously were able to avid military service, where I understand the motto to be: Never, never volunteer! Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com<mailto:fred.dudley@hklaw.com> | www.hklaw.com<http://www.hklaw.com/> ________________________________________________ Add to address book<http://www.hklaw.com/vcard.aspx?user=frdudley> | View professional biography<http://www.hklaw.com/id77/biosfrdudley> From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Robert Friedman Sent: Monday, December 17, 2012 1:12 PM To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; 'Whelan, Ed' Cc: 'Woolard, Barbara C.' Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service. Robert H. Friedman Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: 561-800-2110 Fax: 561-246-3413 www.friedmanpa.com<http://www.friedmanpa.com/> www.insurancelawflorida.com<http://www.insurancelawflorida.com/> From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Monday, December 17, 2012 12:14 PM To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org Cc: Woolard, Barbara C. Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Folks, Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0> Thanks, Scott [Carlton Fields] Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 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: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [Carlton Fields] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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. ________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

FD

fred.dudley (at) hklaw.com

Mon, Dec 17, 2012 6:17 PM

Raise your right hand and repeat after me: I am a member in good standing of RPPTL Section!

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://www.hklaw.com/id77/biosfrdudley
From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Whelan, Ed
Sent: Monday, December 17, 2012 1:13 PM
To: 'Robert Friedman'; 'Wright, Wm. Cary'
Cc: liability_insurance@lists.flabarrpptl.org; 'Woolard, Barbara C.'
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Cary:

Can you check to see if I am a member of this committee? If not, what do I need to do to become one.

Ed

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan@gunster.com mailto:ewhelan@gunster.com

From: Robert Friedman [mailto:rob@friedmanpa.com]
Sent: Monday, December 17, 2012 1:12 PM
To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; Whelan, Ed
Cc: 'Woolard, Barbara C.'
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service.

Robert H. Friedman
Friedman P.A.
340 Royal Poinciana Way, Suite 317-202
Palm Beach, FL 33480
Phone: 561-800-2110
Fax: 561-246-3413
www.friedmanpa.com http://www.friedmanpa.com/
www.insurancelawflorida.com http://www.insurancelawflorida.com/

From: liability_insurance-bounces@lists.flabarrpptl.org mailto:liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott
Sent: Monday, December 17, 2012 12:14 PM
To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Folks,

Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ

Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0

Thanks,
Scott

[Carlton Fields]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

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: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[Carlton Fields]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/terms-of-use/

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Raise your right hand and repeat after me: I am a member in good standing of RPPTL Section! Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com<mailto:fred.dudley@hklaw.com> | www.hklaw.com<http://www.hklaw.com/> ________________________________________________ Add to address book<http://www.hklaw.com/vcard.aspx?user=frdudley> | View professional biography<http://www.hklaw.com/id77/biosfrdudley> From: liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Whelan, Ed Sent: Monday, December 17, 2012 1:13 PM To: 'Robert Friedman'; 'Wright, Wm. Cary' Cc: liability_insurance@lists.flabarrpptl.org; 'Woolard, Barbara C.' Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Cary: Can you check to see if I am a member of this committee? If not, what do I need to do to become one. Ed Edward M. Whelan Board Certified in Construction Law (Florida Bar) Gunster, Yoakley & Stewart, P.A. Direct Dial: 904-350-7172 ewhelan@gunster.com<mailto:ewhelan@gunster.com> From: Robert Friedman [mailto:rob@friedmanpa.com] Sent: Monday, December 17, 2012 1:12 PM To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; Whelan, Ed Cc: 'Woolard, Barbara C.' Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service. Robert H. Friedman Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: 561-800-2110 Fax: 561-246-3413 www.friedmanpa.com<http://www.friedmanpa.com/> www.insurancelawflorida.com<http://www.insurancelawflorida.com/> From: liability_insurance-bounces@lists.flabarrpptl.org<mailto:liability_insurance-bounces@lists.flabarrpptl.org> [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Monday, December 17, 2012 12:14 PM To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Folks, Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0> Thanks, Scott [Carlton Fields] Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 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: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [Carlton Fields] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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. ________________________________ Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note. http://www.gunster.com/terms-of-use/ ________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

WE

Whelan, Ed

Mon, Dec 17, 2012 6:19 PM

Done

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan@gunster.com mailto:ewhelan@gunster.com

From: fred.dudley@hklaw.com [mailto:fred.dudley@hklaw.com]
Sent: Monday, December 17, 2012 1:17 PM
To: Whelan, Ed; rob@friedmanpa.com; cwright@carltonfields.com
Cc: liability_insurance@lists.flabarrpptl.org; bwoolard@carltonfields.com
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee

Raise your right hand and repeat after me: I am a member in good standing of RPPTL Section!

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301
Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471
fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=frdudley | View professional biographyhttp://www.hklaw.com/id77/biosfrdudley
From: liability_insurance-bounces@lists.flabarrpptl.org mailto:liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Whelan, Ed
Sent: Monday, December 17, 2012 1:13 PM
To: 'Robert Friedman'; 'Wright, Wm. Cary'
Cc: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org; 'Woolard, Barbara C.'
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Cary:

Can you check to see if I am a member of this committee? If not, what do I need to do to become one.

Ed

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan@gunster.com mailto:ewhelan@gunster.com

From: Robert Friedman [mailto:rob@friedmanpa.com]
Sent: Monday, December 17, 2012 1:12 PM
To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org; Whelan, Ed
Cc: 'Woolard, Barbara C.'
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service.

Robert H. Friedman
Friedman P.A.
340 Royal Poinciana Way, Suite 317-202
Palm Beach, FL 33480
Phone: 561-800-2110
Fax: 561-246-3413
www.friedmanpa.com http://www.friedmanpa.com/
www.insurancelawflorida.com http://www.insurancelawflorida.com/

From: liability_insurance-bounces@lists.flabarrpptl.org mailto:liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott
Sent: Monday, December 17, 2012 12:14 PM
To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Folks,

Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ

Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0

Thanks,
Scott

[cid:image001.png@01CDDC59.36C20F20]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

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: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[cid:image001.png@01CDDC59.36C20F20]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/terms-of-use/

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Done Edward M. Whelan Board Certified in Construction Law (Florida Bar) Gunster, Yoakley & Stewart, P.A. Direct Dial: 904-350-7172 ewhelan@gunster.com<mailto:ewhelan@gunster.com> From: fred.dudley@hklaw.com [mailto:fred.dudley@hklaw.com] Sent: Monday, December 17, 2012 1:17 PM To: Whelan, Ed; rob@friedmanpa.com; cwright@carltonfields.com Cc: liability_insurance@lists.flabarrpptl.org; bwoolard@carltonfields.com Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee Raise your right hand and repeat after me: I am a member in good standing of RPPTL Section! Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com<mailto:fred.dudley@hklaw.com> | www.hklaw.com<http://www.hklaw.com/> ________________________________________________ Add to address book<http://www.hklaw.com/vcard.aspx?user=frdudley> | View professional biography<http://www.hklaw.com/id77/biosfrdudley> From: liability_insurance-bounces@lists.flabarrpptl.org<mailto:liability_insurance-bounces@lists.flabarrpptl.org> [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Whelan, Ed Sent: Monday, December 17, 2012 1:13 PM To: 'Robert Friedman'; 'Wright, Wm. Cary' Cc: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org>; 'Woolard, Barbara C.' Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Cary: Can you check to see if I am a member of this committee? If not, what do I need to do to become one. Ed Edward M. Whelan Board Certified in Construction Law (Florida Bar) Gunster, Yoakley & Stewart, P.A. Direct Dial: 904-350-7172 ewhelan@gunster.com<mailto:ewhelan@gunster.com> From: Robert Friedman [mailto:rob@friedmanpa.com] Sent: Monday, December 17, 2012 1:12 PM To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org>; Whelan, Ed Cc: 'Woolard, Barbara C.' Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service. Robert H. Friedman Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: 561-800-2110 Fax: 561-246-3413 www.friedmanpa.com<http://www.friedmanpa.com/> www.insurancelawflorida.com<http://www.insurancelawflorida.com/> From: liability_insurance-bounces@lists.flabarrpptl.org<mailto:liability_insurance-bounces@lists.flabarrpptl.org> [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Monday, December 17, 2012 12:14 PM To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Folks, Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0> Thanks, Scott [cid:image001.png@01CDDC59.36C20F20] Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 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: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [cid:image001.png@01CDDC59.36C20F20] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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. ________________________________ Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note. http://www.gunster.com/terms-of-use/ ________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. 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WW

Wright, Wm. Cary

Mon, Dec 17, 2012 8:40 PM

Ed:

I believe Bill Crawford has added you to the listserve, but if not, I am asking him to do so. That's all you need to do since you are a member of RPPTL.

Thanks,

Cary

From: Whelan, Ed [mailto:EWhelan@gunster.com]
Sent: Monday, December 17, 2012 1:13 PM
To: 'Robert Friedman'; Wright, Wm. Cary
Cc: Woolard, Barbara C.; Pence, Scott; liability_insurance@lists.flabarrpptl.org
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee

Cary:

Can you check to see if I am a member of this committee? If not, what do I need to do to become one.

Ed

Edward M. Whelan
Board Certified in Construction Law (Florida Bar)
Gunster, Yoakley & Stewart, P.A.
Direct Dial: 904-350-7172
ewhelan@gunster.com mailto:ewhelan@gunster.com

From: Robert Friedman [mailto:rob@friedmanpa.com]
Sent: Monday, December 17, 2012 1:12 PM
To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; Whelan, Ed
Cc: 'Woolard, Barbara C.'
Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee

That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service.

Robert H. Friedman
Friedman P.A.
340 Royal Poinciana Way, Suite 317-202
Palm Beach, FL 33480
Phone: 561-800-2110
Fax: 561-246-3413
www.friedmanpa.com http://www.friedmanpa.com/
www.insurancelawflorida.com http://www.insurancelawflorida.com/

From: liability_insurance-bounces@lists.flabarrpptl.org mailto:liability_insurance-bounces@lists.flabarrpptl.org [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott
Sent: Monday, December 17, 2012 12:14 PM
To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee

Folks,

Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting:

Click here to record your attendance: Record Your Attendancehttps://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ

Click here to view attendees: View Attendeeshttps://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0

Thanks,
Scott

[Carlton Fields]
Scott Pence
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4322 | Fax: 813.229.4133

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: Friday, December 14, 2012 3:59 PM
To: liability_insurance@lists.flabarrpptl.org mailto:liability_insurance@lists.flabarrpptl.org
Cc: Woolard, Barbara C.
Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee

Everyone:

Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code).

Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida.

Thanks for everyone's participation and we look forward to the call on Monday.

Regards,

Cary and Fred

[Carlton Fields]
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@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

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.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/terms-of-use/

Ed: I believe Bill Crawford has added you to the listserve, but if not, I am asking him to do so. That's all you need to do since you are a member of RPPTL. Thanks, Cary From: Whelan, Ed [mailto:EWhelan@gunster.com] Sent: Monday, December 17, 2012 1:13 PM To: 'Robert Friedman'; Wright, Wm. Cary Cc: Woolard, Barbara C.; Pence, Scott; liability_insurance@lists.flabarrpptl.org Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee Cary: Can you check to see if I am a member of this committee? If not, what do I need to do to become one. Ed Edward M. Whelan Board Certified in Construction Law (Florida Bar) Gunster, Yoakley & Stewart, P.A. Direct Dial: 904-350-7172 ewhelan@gunster.com<mailto:ewhelan@gunster.com> From: Robert Friedman [mailto:rob@friedmanpa.com] Sent: Monday, December 17, 2012 1:12 PM To: 'Pence, Scott'; 'Wright, Wm. Cary'; liability_insurance@lists.flabarrpptl.org; Whelan, Ed Cc: 'Woolard, Barbara C.' Subject: RE: [Liability Insurance] Florida Bar Insurance & Surety Committee That was a great presentation, Ed. Cary, Fred, Michael, and Scott, I am happy to serve on a 627.4137 subcommittee and to present or write an article for the newsletter on that or any other insurance topic that you have in mind. I would like to get more involved with this great committee, so just let me know how I can be of service. Robert H. Friedman Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: 561-800-2110 Fax: 561-246-3413 www.friedmanpa.com<http://www.friedmanpa.com/> www.insurancelawflorida.com<http://www.insurancelawflorida.com/> From: liability_insurance-bounces@lists.flabarrpptl.org<mailto:liability_insurance-bounces@lists.flabarrpptl.org> [mailto:liability_insurance-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Monday, December 17, 2012 12:14 PM To: Wright, Wm. Cary; liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: Re: [Liability Insurance] Florida Bar Insurance & Surety Committee Folks, Please click on the appropriate links below to record your attendance and/or view attendees of today's Insurance and Surety committee meeting: Click here to record your attendance: Record Your Attendance<https://docs.google.com/spreadsheet/viewform?fromEmail=true&formkey=dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE6MQ> Click here to view attendees: View Attendees<https://docs.google.com/spreadsheet/ccc?key=0AvGt7ZdLQyv1dHMtand1MVh0NS0tQ0FZZDhBbVUtRVE#gid=0> Thanks, Scott [Carlton Fields] Scott Pence 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4322 | Fax: 813.229.4133 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: Friday, December 14, 2012 3:59 PM To: liability_insurance@lists.flabarrpptl.org<mailto:liability_insurance@lists.flabarrpptl.org> Cc: Woolard, Barbara C. Subject: [Liability Insurance] Florida Bar Insurance & Surety Committee Everyone: Attached are: (1) Agenda for the monthly call scheduled for Monday, December 17, 2012; (2) Minutes from the November 19, 2012 teleconference; (3) a copy of an Order and Motion to Intervene in the Mid-Continent Casualty Company v. Clean Seas Company, Inc., et al., (M.D. Fla. Mar. 20, 2012) case, which will be discussed in the CLE presentation; and (4) a copy of the Axis Surplus Insurance Company v. Contravest Construction Company, 2012 WL 2048303 (M.D. Fla. June 5, 2012), which will be discussed if time permits. The conference call information is: dial-in: 888-376-5050; Participant Code: 8425484201#; Moderator Code: 13137# (Moderator does not input the Participant Code). Ed Whelan of Gunster,Yoakley & Steward, P.A. will discuss Mid-Continent Casualty Company v. Clean Seas Company, Inc. case. This is an important case regarding the apportionment of damages following a jury verdict, and is very interesting. If time permits, I will lead a discussion on The Axis Surplus case, which is also important because there the court held that the injury-in-fact theory, as opposed to the manifestation theory, is the appropriate trigger theory for recovery in Florida. Thanks for everyone's participation and we look forward to the call on Monday. Regards, Cary and Fred [Carlton Fields] 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@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> 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. ________________________________ Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Click the following hyperlink to view the complete Gunster IRS Disclosure & Confidentiality note. http://www.gunster.com/terms-of-use/