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Showing posts from January, 2014

Maritime Law: Florida Court Finds Insurer Can Deny Pre-Tender Costs

In Embroidme.Com, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 7715 (S.D. Fla. Jan. 23, 2014) (Marra, J.), the United States District Court for the Southern District of Florida considered an insurer’s obligation to reimburse its insured for pre-tender defense costs under Florida law and whether its letter disclaiming such costs is governed by Florida Claims Administration Statute, Fla. Stat. § 627.426(2).


The facts are as follows: Travelers insured Embroidme.com under a general liability policy with web site injury protection.  Embroidme.com was named as a defendant in an underlying copyright infringement lawsuit in April 2010.  On June 28, 2010, Embroidme.com retained counsel to defend it in the lawsuit.  However Embroidme.com did not tender the suit to Travelers until October 2011.  Travelers subsequently agreed to provide its insured with a defense, but disclaimed any coverage obligation with respect to Embroidme.com’s pre-tender defense costs.  Embroidme.com chall…

Maritime Law--Florida Bar Admiralty Law Committee Discusses Concordia

On January 23, 2014, I had the pleasure this week to speak as a panel member to the Florida Bar Admiralty Law Committee on the topic of Claims, Litigation & Management: An Introduction and Discussion Regarding Effective Preparation, Response and Recovery Where a Catastrophic Event Occurs Domestically: The "Costa Concordia" Grounds on U.S. Shores. The purpose of the round table discussion was to address pre-casualty response strategy, risk management and preparedness, through an ethical and responsible emergency response, mass casualty management and recovery from Responsible Parties.

Joining me on the panel were Art Meade, Vice President & General Counsel of Crowley Maritime and Attilio M. Costabel, Adjunct Professor of St. Thomas University School of Law, my alma mater.

Costa Concordia righted after complicated parbuckling operation, picture by Vincenzo Pinto taken from http://www.nydailynews.com/news/world/costa-concordia-rise-risky-move-lift-sunken-cruise-ship-tusc…

Maritime Law-MARAD's First National Maritime Strategy Symposium

I had the pleasure to attending the first-ever National Maritime Strategy Symposium sponsored by the U.S. Department of Transportation’s Maritime Administration ("MARAD"). It began on Tuesday, January 14, 2014 and welcomed industry stakeholders to the three-day conference aimed at supporting the growth of the U.S. maritime industry and ensuring the availability of U.S.-flag vessels for our nation’s economic and national security.

Taken from the MARAD website at http://www.marad.dot.gov/ on January 14, 2014.

On Wednesday the 15th, I was slated to speak on “Increasing U.S. Flag Competitiveness by Funding the Vessel Trade-In Program" and did so that afternoon. There was not enough seating in the room I was speaking in and the interest in helping MARAD develop a national maritime strategy, consistent and in tandem with the Department of Transportation’s national freight strategic plan was palpable. As stated by U.S. Transportation Secretary Anthony Foxx, "More than 75 p…

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one place, with clear l…

Happy 2014

To my readers, I wish you a fabulous 2014!


I found this anonymous quote and thought you might enjoy it and start thinking about your wishes for 2014:

New Year is not about changing the Dates but Direction;
It’s not about changing the Calendar but Commitment;
It’s not about changing the Actions but Attitude;
It’s not about changing the Fruit but Faith, Force and Focus!
May you Commit and Create the best New Year ever!