Archive by Month: January 2015
Now, a Subcontractor’s Indemnification Payment can be Used to Satisfy a General Contractor’s SIR
Fri Jan 16, 2015 Articles
The recent Florida Supreme Court opinion Intervest Construction of Jax, Inc. v. General Fidelity Ins. Co., 133 So. 3d 494 (Fla. 2014) illustrates the effect contract interpretation principles can have on the evaluation and scope of insurance policies and coverages. Intervest concerned the application of a Self-Insured Retention Endorsement ("SIR"), and whether a general contractor or its insurer was obligated to fund a settlement for a bodily injury claim.
No Success in Successive Suits
Fri Jan 16, 2015 Articles
More than 200 years after the original Tea Party, the English common law principle of res judicata and the related rule against splitting causes of action can produce unanticipated results in Florida lawsuits.
A Complicated Relationship – Is It Necessary To Plead A Special Relationship To State A Cause of Action for Common Law Indemnity?
Fri Jan 16, 2015 Articles
In construction defect lawsuits, parties routinely assert common law indemnity claims against downstream subcontractors, material suppliers, and other entities whose work or materials caused the respective defects. Common law indemnity is a claim that shifts responsibility for damages from a party without any active negligence or fault, but who is liable for damages pursuant to vicarious, constructive, derivative, or technical liability principles, to the party who is actively negligent or at fault.
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