Extract to table

Rather, it requires an active nexus between the insured's conduct and the defect in question — the insured must have created, suffered, assumed, or agreed to the matter in question

A classic example would be a buyer who, as part of the purchase agreement, expressly agrees to take the property subject to specified encumbrances or liens

The court held that the insurer bore the burden of proving the applicability of any exclusion from coverage and that the exclusion language must be given its "plain and ordinary meaning," which the court construed narrowly

The duty to defend is triggered by the allegations in the complaint — not by the ultimate merits of the claim — and the insurer must defend the insured if there is any possibility that the claim falls within coverage

Before filing a bad-faith action, the insured must file a Civil Remedy Notice with the Florida Department of Financial Services, giving the insurer sixty (60) days to cure the alleged violation