News
July 2015 – The firm obtained an order dismissing The Travelers Indemnity Company, in its capacity as an excess insurer for an engineering firm involved in the construction of a townhome development in Marion County, Florida, in a complex coverage action filed by a national home builder against Travelers and numerous other insurers; the home builder had asserted claims for additional insured status and coverage for the builder’s direct claims against Travelers’ named insured. The trial court granted Travelers’ motion to dismiss based upon the failure of the builder’s complaint to allege that the underlying insurance available to Travelers’ named insured had been exhausted. Pulte Home Corporation v. Carl M. Freimuth Drywall, Inc., et al, Marion County Circuit Civil Case No. 2015-CA-0288; Order on The Travelers Defendants’ Motion to Dismiss, July 10, 2015.
June 2015 - Gray Dunlap was again recognized by the Law Student Division of the American Bar Association for his service as a Regional Brief Judge in the 2015 National Appellate Advocacy Competition; Gray regularly volunteers as a Regional Brief Judge in this annual competition.
February 2015 - The firm obtained an order dismissing St. Paul Fire and Marine Insurance Company, in its capacity an excess insurer for a contractor involved in the construction of multifamily condominium units in Hillsborough County, Florida, in a complex coverage action filed by a national home builder in Florida state court against St. Paul and numerous other insurers; the home builder had asserted claims for additional insured status and coverage for the builder's direct claims against St. Paul's named insured. The trial court granted St. Paul's motion to dismiss based on the failure of the builder's complaint to allege that the underlying insurance available to St. Paul's named insured had been exhausted or that damages were being sought for an "occurrence" which was covered under the St. Paul excess policies but not under any applicable underlying policies. D.R.Horton, Inc. v. Collis Roofing, Inc., et al, Hillsborough County Circuit Civil Case No. 13-CA-009963; February 18, 2015 Order on St. Paul Fire and Marine Insurance Company's Motion to Dismiss Amended Complaint and Incorporated Memorandum of Law dated July 2, 2014.
April 2014 –Gray Dunlap has been appointed to serve as a new senior member of the CGL Reporter Editorial Board, published by International Risk Management Institute, Inc. The Editorial Board serves a very important role with Tort and Insurance Practice Section of the American Bar Association and each member is recognized for their part in securing IRMI's donation to the Scholarship Fund. IRMI is the premier authority and educator for risk management, insurance, and legal professionals.
May 2013 - The firm obtained a summary judgment in favor of a marine warehouse operator in a federal declaratory judgment action filed by American Home Assurance Company and National Union Fire Insurance Company in connection with underlying state court lawsuits arising out of the construction of single and multifamily homes with Chinese Drywall; the federal district court ruled that the insurers had a duty to defend the warehouse operator under a series of CGL policies in connection with the state court lawsuits, finding that various exclusions did not apply to bar a defense obligation. American Home Assurance Co., et al v. Arrow Terminals, Inc., et al, United States District Court, Middle District of Florida, Tampa Division, Case No. 8:11-cv-1278-T-30-AEP, Order dated May 8, 2013.
February 2013 - The firm obtained a final summary judgment in favor of Fidelity & Guaranty Insurance Underwriters, Inc. in an action filed in Florida state court seeking coverage for an underlying consent judgment between a general contractor and a plaintiff who had suffered bodily injuries in a construction site accident; the trial court ruled that the general contractor was not an additional insured under Fidelity's CGL policy based on the failure of the underlying complaint against the contractor to allege any negligence on the part of Fidelity's named insured subcontractor. James Nardone, individually and as assignee of Ahearn Construction, Inc. v. Altier Mechanical Services, Inc. and Fidelity & Guaranty Insurance Underwriters, Inc., Hillsborough County Circuit Civil Case No. 11-006143; February 15, 2013 Order Granting Fidelity and Guaranty Insurance Underwriters, Inc.'s Dispositive Motion for Summary Judgment.
July 2012 - The firm obtained an order granting a motion to dismiss filed on behalf of Travelers Indemnity Company of America and dismissing Travelers with prejudice in a federal lawsuit seeking coverage for a $3,040,296 default judgment entered against Travelers' named insured general contractor in an underlying state court construction case; the federal district ruled that the plaintiff's complaint was barred on its face by the applicable statute of limitations. Weston Apartments Corp. v. Travelers Indemnity Company of America, United States District Court, Southern District of Florida, Ft. Lauderdale Division, Case No. 12-60735, July 13, 2012 Order Granting Defendant's Motion to Dismiss and Dismissing Case With Prejudice.
June 2015 - Gray Dunlap was again recognized by the Law Student Division of the American Bar Association for his service as a Regional Brief Judge in the 2015 National Appellate Advocacy Competition; Gray regularly volunteers as a Regional Brief Judge in this annual competition.
February 2015 - The firm obtained an order dismissing St. Paul Fire and Marine Insurance Company, in its capacity an excess insurer for a contractor involved in the construction of multifamily condominium units in Hillsborough County, Florida, in a complex coverage action filed by a national home builder in Florida state court against St. Paul and numerous other insurers; the home builder had asserted claims for additional insured status and coverage for the builder's direct claims against St. Paul's named insured. The trial court granted St. Paul's motion to dismiss based on the failure of the builder's complaint to allege that the underlying insurance available to St. Paul's named insured had been exhausted or that damages were being sought for an "occurrence" which was covered under the St. Paul excess policies but not under any applicable underlying policies. D.R.Horton, Inc. v. Collis Roofing, Inc., et al, Hillsborough County Circuit Civil Case No. 13-CA-009963; February 18, 2015 Order on St. Paul Fire and Marine Insurance Company's Motion to Dismiss Amended Complaint and Incorporated Memorandum of Law dated July 2, 2014.
April 2014 –Gray Dunlap has been appointed to serve as a new senior member of the CGL Reporter Editorial Board, published by International Risk Management Institute, Inc. The Editorial Board serves a very important role with Tort and Insurance Practice Section of the American Bar Association and each member is recognized for their part in securing IRMI's donation to the Scholarship Fund. IRMI is the premier authority and educator for risk management, insurance, and legal professionals.
May 2013 - The firm obtained a summary judgment in favor of a marine warehouse operator in a federal declaratory judgment action filed by American Home Assurance Company and National Union Fire Insurance Company in connection with underlying state court lawsuits arising out of the construction of single and multifamily homes with Chinese Drywall; the federal district court ruled that the insurers had a duty to defend the warehouse operator under a series of CGL policies in connection with the state court lawsuits, finding that various exclusions did not apply to bar a defense obligation. American Home Assurance Co., et al v. Arrow Terminals, Inc., et al, United States District Court, Middle District of Florida, Tampa Division, Case No. 8:11-cv-1278-T-30-AEP, Order dated May 8, 2013.
February 2013 - The firm obtained a final summary judgment in favor of Fidelity & Guaranty Insurance Underwriters, Inc. in an action filed in Florida state court seeking coverage for an underlying consent judgment between a general contractor and a plaintiff who had suffered bodily injuries in a construction site accident; the trial court ruled that the general contractor was not an additional insured under Fidelity's CGL policy based on the failure of the underlying complaint against the contractor to allege any negligence on the part of Fidelity's named insured subcontractor. James Nardone, individually and as assignee of Ahearn Construction, Inc. v. Altier Mechanical Services, Inc. and Fidelity & Guaranty Insurance Underwriters, Inc., Hillsborough County Circuit Civil Case No. 11-006143; February 15, 2013 Order Granting Fidelity and Guaranty Insurance Underwriters, Inc.'s Dispositive Motion for Summary Judgment.
July 2012 - The firm obtained an order granting a motion to dismiss filed on behalf of Travelers Indemnity Company of America and dismissing Travelers with prejudice in a federal lawsuit seeking coverage for a $3,040,296 default judgment entered against Travelers' named insured general contractor in an underlying state court construction case; the federal district ruled that the plaintiff's complaint was barred on its face by the applicable statute of limitations. Weston Apartments Corp. v. Travelers Indemnity Company of America, United States District Court, Southern District of Florida, Ft. Lauderdale Division, Case No. 12-60735, July 13, 2012 Order Granting Defendant's Motion to Dismiss and Dismissing Case With Prejudice.
Events and Seminars
Lecture presentations by Mr. Dunlap include:
“Handling Complex Auto Insurance Coverage Disputes,” Orlando, FL, December 2013
“New Federal Pleading Standards As They Apply to Bad Faith,” National Teleconferences, December and February 2012
“Bad Faith 101,” Tampa, FL, November 2012
“Litigating Insurance Coverage Claims: From Start to Finish,” Tampa, FL, June 2012
“Litigating Insurance Coverage Claims: From Start to Finish,” Tampa, FL, May 2011
"Bad Faith Insurance Claims In Florida," Tampa, FL, September 2010
“Litigating Insurance Coverage Claims: From Start to Finish,” May 2010
"Bad Faith Insurance Claims In Florida," Tampa, FL, September 2009
"Insurance Coverage Litigation Tactics," August 2009
"Insurance Coverage Litigation," March 2009
"Bad Faith Insurance Claims In Florida," September 2008,
“Handling Complex Auto Insurance Coverage Disputes,” Orlando, FL, December 2013
“New Federal Pleading Standards As They Apply to Bad Faith,” National Teleconferences, December and February 2012
“Bad Faith 101,” Tampa, FL, November 2012
“Litigating Insurance Coverage Claims: From Start to Finish,” Tampa, FL, June 2012
“Litigating Insurance Coverage Claims: From Start to Finish,” Tampa, FL, May 2011
"Bad Faith Insurance Claims In Florida," Tampa, FL, September 2010
“Litigating Insurance Coverage Claims: From Start to Finish,” May 2010
"Bad Faith Insurance Claims In Florida," Tampa, FL, September 2009
"Insurance Coverage Litigation Tactics," August 2009
"Insurance Coverage Litigation," March 2009
"Bad Faith Insurance Claims In Florida," September 2008,