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
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
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