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11th Circuit Weighs in on Several CGL Policy Related Issues in Carithers v. Mid-Continent Casualty Company
Fri Apr 17, 2015 Legal Alerts
The Federal Eleventh Circuit Court of Appeals recently issued an opinion addressing a number of CGL Policy related issues, including the duty to defend, application of coverage triggers, and an analysis of covered damages in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).
Florida Senate Ponders Change to Construction Defect Statute
Wed Apr 8, 2015 Legal Alerts
The Florida Senate is considering a change to section 558.004, Florida Statutes, which is titled Notice and Opportunity to Repair. That statute currently requires a party asserting that a construction defect exists to serve a notice of claim on the party with whom the claimant contracted to perform work.
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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