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Douglas M. McIntosh successfully
represents Insurer, before Florida High Court (as Published In The Voice,
July 30, 2008)
Former DRI board member,
Douglas
M. McIntosh, managing partner at McIntosh,
Sawran, Peltz & Cartaya, P.A. with offices in Fort Lauderdale,
Miami, West Palm Beach and the Orlando/Maitland area, successfully
represented the insurance company in Essex Insurance Co. v. Zota
before the Florida Supreme Court.
This case was handled by Mr. McIntosh and Fort Lauderdale associate
Thomas M. Hartwig at the trial court level four years ago, and by
Robert C. Weill, a Fort Lauderdale associate in the firm’s
appellate division, with Mr. McIntosh on appeal over the past two years.
The case worked its way to the United States Court of Appeals for the
Eleventh Circuit which then certified five questions of great public
importance to the Florida Supreme Court. Mr. McIntosh argued the case before
the Eleventh Circuit and, later, the Florida high court in November 2007.
The supreme court’s 30 page unanimous decision marks a significant victory
on insurance issues critical to the Surplus Lines insurance industry in
Florida. The supreme court held, consistent with long-standing precedent,
that Surplus Lines insurers are not required to deliver their policies
directly to the insured, but may do so through the insured’s independent
representative-broker. |
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