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
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