11th Circuit Upholds Setoff Of Award To Insured With $375,000 Deductibles

Mealey's (April 30, 2020, 12:17 PM EDT) -- ATLANTA — A lower court did not err in applying a $375,000 setoff amount to a damages award or in awarding prejudgment interest beginning the day that an insured spent $375,000 in defense costs in an underlying lawsuit alleging that the insured improperly constructed on land without taking reasonable steps to implement a workable drainage system, the 11th Circuit U.S. Court of Appeals affirmed April 29 (Mid-Continent Casualty Co., et al. v. Adams Homes of Northwest Florida Inc., et al., No. 19-12892, 11th Cir., 2020 U.S. App. LEXIS 13748)....