Hunton Insurance Recovery Blog

On February 3, 2017, members of Hunton & Williams’ insurance group, led by Insurance Practice Head Walter Andrews, and firm associate Anna Lazarus, achieved a significant victory in the Eleventh Circuit U.S. Court of Appeals, in Hillsborough County v. Star Insurance Co.  The 11^th Circuit’s published opinion, available here, addressed an issue of first impression under Florida law involving the impact of Florida’s statutory limitations on liability and an excess liability policy’s self-insured retention.  The decision provides substantial guidance under Florida law and will have significant impact on many other cases in the Florida state and federal courts.  Hillsborough County concerned an order relieving the policyholder from satisfying its self-insured retention after the court found that the statutory requirement for an intervening act of the Florida legislature frustrated the purpose of the policy.  On appeal, and after oral argument, the 11^th Circuit unanimously reversed in favor of our client, finding that the policy should be enforced in accordance with its terms.  The case demonstrates why policyholders and insurers should be very careful in negotiating policy provisions that may be impacted by statutory liability provisions.