Category: Insurance

Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida

William Rabb | Insurance Journal Florida lawmakers this year approved a measure that could help reduce liability insurance premiums for home and condo builders – and limit exposure and litigation for liability insurers. But Senate Bill 360, which took effect in April, could also make it more difficult for property insurers to bring construction-defect subrogation… Continue reading Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida

Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

Tred R. Eyerly | Insurance Law Hawaii     The court found that the insurer continued to be bound by a defense agreement entered with  the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023).      In 1990, Neles-Jamesbury became the sucessor… Continue reading Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie

Lawrence M. Prosen and Josephine M. Bahn | Cozen O’Connor On June 1, 2023, the United States Supreme Court issued its ruling in two consolidated cases concerning the False Claims Act (FCA), United States ex rel. Schutte et al. v. SuperValu Inc. et al., Case No. 21-1326, and United States ex rel. Proctor v. Safeway, Case No. 22-111. The Court’s opinion has substantial implications… Continue reading Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie

Subrogation 101 (and Why Should I Care?)

Clark Thiel and Alexis N. Wansac | Gravel2Gavel What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation?“Subrogation” refers to the act of one person or party standing in the place of another person… Continue reading Subrogation 101 (and Why Should I Care?)

Nondelegable Duty of Care Owed to Third Persons

David Adelstein | Florida Construction Legal Updates Although a personal injury case, the recent opinion in Garcia v. Southern Cleaning Service, Inc., 48 Fla.L.Weekly D977a (Fla. 1stDCA 2023) raises an interesting issue regarding nondelegable duties owed to third persons applicable in negligence actions.  Remember, in order for there to be a negligence claim, the defendant MUST owe a duty of care to… Continue reading Nondelegable Duty of Care Owed to Third Persons