Sybrina Fulton and Twin Lakes HOA being sued by insurance co?

[Redbrow]

What is this all about? Did Sybrina violate conditions of a private settlement? Why isn't Tracy Martin named?

http://dockets.justia.com/docket/florida/flmdce/6:2012cv01185/274256/

Plaintiff:   Travelers Casualty and Surety Company of America
Defendants:   The Retreat At Twin Lakes Homeowners' Association, Inc. and Sybrina D. Fulton
 
Case Number:   6:2012cv01185
Filed:   August 1, 2012
Nature of Suit:   Contract - Insurance

[unitron]

What is this all about? Did Sybrina violate conditions of a private settlement? Why isn't Tracy Martin named?

http://dockets.justia.com/docket/florida/flmdce/6:2012cv01185/274256/

Plaintiff:   Travelers Casualty and Surety Company of America
Defendants:   The Retreat At Twin Lakes Homeowners' Association, Inc. and Sybrina D. Fulton
 
Case Number:   6:2012cv01185
Filed:   August 1, 2012
Nature of Suit:   Contract - Insurance

I'd guess, based on no specific knowledge whatsoever, that it's more about trying to get out of having to settle, or to re-coup what they paid out in a settlement.

Anybody know if Tracy had a life insurance policy on Trayvon?

[whitecap333]

This has the look of a declaratory judgment action brought by the insurer of the HOA, perhaps over some coverage "issue."  Sybrina would be a necessary party to that action.

[whitecap333]

Just thinking out loud here, Travelers, in its role of insurer of the Association, may be trying to extricate itself from the case by "tendering its limits" to the court, or exhausting its limits by settlement with Fulton.  The Association would oppose this, in order to keep Travelers on the hook for defense costs.  Travelers may just be seeking a judicial determination of its rights under the policy.

[whitecap333]

There is also the possibility that Travelers is trying to thwart a collusive settlement agreement between the HOA and Fulton.

[whitecap333]

The more I think on it, Crump seems to have weaseled his way into Serino's brain at a very early stage of the investigation.  If you're trying to finesse the "intentional acts" exclusion of a liability insurance policy, you would, of course, try to frame the issue in terms of negligence theory,  You might, by way of example, stress that the event setting the dominoes to falling was "avoidable," or could otherwise have been "defused."

[Cylinder]

http://www.scribd.com/doc/102137336/Petition-for-Declaratory-Relief

[unitron]

http://www.scribd.com/doc/102137336/Petition-for-Declaratory-Relief

How does a policy issued in March 2012 obligate them in any way to pay out for something that happened in February?

Is it because Fulton didn't file suit until after the policy was issued?

That's the only thing I can think of, but that doesn't make sense, either.

Why would an insurance company write a policy that would obligate them to pay a claim based on something that happened before the issuance of the policy?

Wouldn't whoever sold them the policy have known they had this hanging over them?

[whitecap333]

The plot thickens.  There must be an "occurrence" based General Liability policy involved here, which may or may not have been issued by Travelers.

[whitecap333]

Uni, the policy involved in the "DJ" action is a "claims-made" policy.  Such policies typically cover injuries that happened before policy inception.  Usually, however, they contain language removing coverage for events likely to result in claims.  Too many variables here for intelligent speculation. 

[FromBelow]

I wonder if there might be a legal fight between the HOA and the insurance company if the insurance company doesn't pay out and the HOA gets sued.

[whitecap333]

Insurers don't always "pay out."  Sometimes they choose to defend litigation against the policyholder.  Here, the defense would be that Trayvon was the author of his own misfortune.

[TalkLeft]

Here's the policy that was attached as an exhibit to the petition for declaratory relief.

It's a "claims made" policy,  but this is so far outside my field that I am not going to even try to weigh in.

[jupchurch]

What is the liability of the individual homeowners at 1211  and 1221 Twin Trees? I looked at the plat map and it looks like the actual property where the altercation occurred belongs to them.

[nomatter_nevermind]

While we're at it, can W-18 get compensation for her emotional suffering?

I think some of the people who listened to her call would like to join in a class action suit.