Gail Gudder | Higgins, Hopkins, McLain & Roswell A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with prejudice, do not expect a do-over. In Layton Construction Co. v. Shaw Contract Flooring Services, Inc., 409 P.3d 602 (Colo. App. 2016), the Colorado Court of Appeals reaffirmed the reach of claim preclusion… Continue reading No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion
Month: July 2025
Rightfully Recovering Under A Coblentz Agreement
David Adelstein | Florida Construction Legal Updates A recent case out of the Middle District of Florida, The Peninsula at St. John’s Center Condominium Association, Inc. v. Amerisure Ins. Co., 2025 WL 1547631 (M.D.Fla. 2025) discusses what a party must do to RIGHTFULLY recover under a Coblentz agreement under Florida law: “In Florida, a party seeking to recover under… Continue reading Rightfully Recovering Under A Coblentz Agreement
US Court Denies Fire Loss Claim Due To Noncompliance With “Duties After Loss” Provision
Jean-Paul Rudd | Adams & Adams A recent judgement by the United States District Court for the District of Connecticut offers important guidance for both policyholders and insurers on the significance of adhering to post-loss obligations under an insurance policy. Factual Background In this matter, the insured acquired a residential property and arranged property insurance.… Continue reading US Court Denies Fire Loss Claim Due To Noncompliance With “Duties After Loss” Provision
Another Possible “Out” of Uniwest?
Christopher G. Hill | Construction Law Musings Remember the Uniwest case that stated that Va. Code 11-4.1 renders an indemnification provision unenforceable if it requires indemnification for the indemnitee’s actions? I’ve discussed it on several occasions and in contexts from applicability to architects to whether it is the operation of an indemnity clause, even where the clause itself would be valid, that… Continue reading Another Possible “Out” of Uniwest?
Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence
Tiffany Bustamante and Stephanie Roman | Cozen O’Connor In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly admitted irrelevant and unduly prejudicial evidence of claims handling in… Continue reading Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence