Dustin C. Blumenthal
All articles by Dustin C. Blumenthal
Florida Bridge Collapse Resolution Offers Workaround for Multiple Claimant Scenarios
A recent bankruptcy plan filed by Munilla Construction Management (MCM)–the general contractor for the failed pedestrian bridge at Florida International University (FIU)–paves the way for judicially recognized interpleader-type scenarios allowing insurers to resolve multiple-claimant incidents where there may be insufficient policy limits. On November 15, 2018, the Southern District of Florida Bankruptcy Court agreed to expedite a process that would allow victims of the pedestrian bridge collapse to start receiving compensation payouts following the creation of a victim’s fund. By
It’s not “12 Corners” — Court Holds Answer does not Trigger Duty to Defend
It is a well-known insurance principle that the duty to defend is determined using the “Eight-Corners” method — comparing the four corners of the complaint to the four corners of the insurance policy. A federal court in Illinois recently maintained this principle and declined to extend coverage to an insured based allegations in the insured’s answer, limiting the analysis of the duty to defend only to the facts alleged in the complaint, and not the answer, unless “unusual circumstances” exist.