Legal Question in Insurance Law in Florida

Re: Legal Entity

Good morning. I'm afraid I'll have to answer in generalities because I don't really know the details and I don't have a copy of the policy itself. Please remember that a policy is a contract, and all policies are not written the same way using the same language. Often the pre-printed portion of the policy, the "coverage form," is modified by endorsements to a point where the form itself becomes nearly meaningless.

In any case, generally no person or entity of any kind is an insured unless named as an insured in the policy. I'm assuming this is some species of a CGL policy. However, there are always exceptions to that general rule. For example, newly created entities are usually covered for some period of time; individuals or entities to whom the named insured has agreed to provide indemnity are often additional insureds; real estate managers for the named insured are often (more accurately - usually) additional insureds, etc., etc. The definition of "who is an insured" should be read very carefully, along with any endorsements to the policy.

Also, I'd suggest finding out whether the policy is a renewal, and if so, whether the prior policy or policies covered the unincorporated entity; as a general rule, if coverage is narrowed in a renewal policy that fact must be specifically pointed out to the insured at the time of renewal.

Finally, please don't forget to find out why the agent didn't have the entity named as an insured in the first place. If in fact there is no coverage under the policy, it may be due to a failure of the agent to obtain what was needed.

I hope this is at least of some help. If not, I'll do what I can to be of more assistance if you'll tell me more about the actual policy and facts (it's not necessary to give me the actual names ).

Larry

Re: Legal Entity

The proper way would be Jane Doe dba Doe Co. This is a sole proprietorship and only needs an occupational license.