CGL Policies, Supplemental Payment Provision, and Attorney’s Fees - A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction defect...more
Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more
CGL Policies; Declaratory Judgments; Appeal of a Partial Final Judgment –
A commercial general liability insurer and its insured sought declaratory relief over the question of insurance coverage and the duty to defend...more
7/29/2015
/ Apartments ,
Commercial General Liability Policies ,
Condominiums ,
Construction Defects ,
Construction Industry ,
Declaratory Judgments ,
Duty to Defend ,
Florida ,
General Contractors ,
Indemnification Clauses ,
Insurance Industry ,
Motion for Reconsideration ,
Summary Judgment
Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more
7/10/2015
/ Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
Contractors ,
Damages ,
Duty to Defend ,
General Contractors ,
Indemnification Clauses ,
Insurance Industry ,
Product Defects ,
Real Estate Development ,
Severe Weather ,
Subcontractors ,
Summary Judgment
Whether a business is considered licensed turns on whether that business has a qualifying agent for the type of work to be performed as of the contract’s effective date, regardless of whether that business’s qualifying agent...more
Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more
Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage...more
4/15/2015
/ Appeals ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
General Contractors ,
Injury-in-Fact ,
Insurance Litigation ,
Petition for Writ of Certiorari ,
Policy Exclusions ,
Property Damage ,
Subcontractors
The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more
4/7/2015
/ Appraisal ,
Construction Defects ,
Construction Project ,
Design Patent ,
Fraud ,
Insurance Litigation ,
Philip Morris ,
Property Damage ,
Slavin Doctrine ,
State Farm ,
Statute of Repose ,
Surviving Spouse ,
Tobacco Litigation
Sinkholes; “Structural Damage” – When undefined in a homeowner’s insurance policy, “structural damage” caused by a sinkhole is best defined as “damage that impairs the structural integrity of the building.” Homeowners argued...more
Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more
Commercial General Liability Insurance Policies; Construction Defects; Self Insured Retention Amount; Subrogation; “Made Whole Doctrine” – Under the “made whole doctrine,” an insured has no affirmative right to recover...more
Delay Damages; “Total Cost” vs. “Modified-Total-Cost” Approach – A party may not establish delay damages under the “total cost” or “modified-total-cost” approach when uncontroverted record evidence attributes delay costs to...more
“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more
FLORIDA STATE CASES -
Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more
1/19/2015
/ Car Accident ,
Community Development Entities ,
Construction Contracts ,
Construction Industry ,
Construction Liens ,
Contractors ,
Department of Transportation (DOT) ,
Design Defects ,
Liens ,
Negligence ,
Payment Bonds ,
Subcontractors ,
Surety & Fidelity
FLORIDA STATE CASES -
Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more
Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction –
Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more
11/25/2014
/ Attorney's Fees ,
Bodily Injury ,
Certiorari ,
Construction Industry ,
Construction Workers ,
Contractors ,
Design Defects ,
Dismissals ,
Federal Rules of Civil Procedure ,
General Contractors ,
Jurisdiction ,
Subject Matter Jurisdiction ,
Wage and Hour
Insurance, Sinkhole litigation -- Neither “Concealment or Fraud” nor “Duties After Loss” provision in homeowner’s insurance policy required insured to provide insurer with expert’s sinkhole damage analysis solicited by...more
Disputes over a mediation agreement’s validity must be resolved prior to a court ruling on discovery requests regarding matters potentially settled by the agreement. A dispute arose after Jilco, Inc. (“Jilco”) subleased a...more
Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more