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Liability, Insurance, Subrogation, and Recovery

Parties involved with construction projects usually attempt to allocate and shift certain risks of loss or claims amongst one another via contractual provisions and by requiring various types of insurance coverage as a condition of working on a project.  When a claim arises, it is necessary to evaluate and enforce our clients’ rights under their contracts and the applicable insurance policies to ensure that the appropriate parties bear the costs associated with defending or resolving the claim.  Our attorneys regularly analyze and enforce our clients’ rights under other parties’ commercial general liability and other insurance policies, including their rights as additional insureds under such policies.  When our clients, their insurance carriers, or their sureties elect to resolve a claim, we also handle subrogation and recovery actions against the parties responsible for such claims.  Our experience evaluating and enforcing insurance rights and claims is a critical advantage for efficiently and appropriately handling construction claims and lawsuits.

 

 

 

 

Recent News

The Middle District of Florida addresses the definition of “property damage” under a commercial general liability policy.

In Amerisure v. Auchter/Arch, Case No. 3:16-cv-407-J-39JRK (M.D. Fla. Mar. 27, 2018), the United States District Court for the Middle District of Florida arguably expanded the definition of “property damage” under a commercial general liability (“CGL”) policy, following a seeming trend in federal court decisions in Florida.

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October 21, 2013
Recent Florida Trial Court Decisions Confirm the Narrow Liability of Motor Vehicle Dealer Bond Sureties
Florida trial courts affirm the statutory intent of motor vehicle dealer bonds, which is to provide a modest sum for consumers to recover when dealerships go out of business and default in their obligations. 

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October 21, 2013
Chapter 558’s Notice of Claim Procedure – It May Trigger a Duty to Defend Under Your CGL Policy
The Florida Supreme Court recently answered a question that will impact for some time construction defect claims and those insurers called upon to defend them.  In the case styled Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, 42 Fla. L. Weekly S960b, the Florida Supreme Court ruled that the pre-suit notice and repair process set forth in Chapter 558, Florida Statutes, is a “suit” within the meaning of a commercial general liability policy.

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October 21, 2013