John J. Gazzola | Constructlaw | May 3, 2018 Suffolk Constr. Co. v. Rodriguez & Quiroga Architects Chtd., 2018 U.S. Dist. LEXIS 42652 (S.D. Fla. Mar. 15, 2018) This case arises out of the design and construction of a science museum in Miami, Florida (the “Project”). Museum of Science, Inc. (“MSI”), the Project owner, executed… Continue reading How Much Control Is Too Much Control? Federal Court in Florida Holds Designers’ Supervision of Project and Issuance of Design Documents Creates Control Over—And Potential Tort Liability To—Project Contractors
Tag: Advise & Consult
Insureds Still Cannot Obtain Insurer’s Claim File
Marie Laur | Property Insurance Coverage Law Blog | May 6, 2018 Whether an insured can access an insurer’s claim file has often been addressed by Florida courts. Recently, a Florida appellate court followed other courts’ rulings in holding that an insured cannot obtain its insurer’s claim file. In Homeowners Choice Property and Casualty Ins. Co.… Continue reading Insureds Still Cannot Obtain Insurer’s Claim File
Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
Erin Dunnavant | Property Insurance Coverage Law Blog | May 7, 2018 Generally, in Florida, when there is a difference of opinions between each party’s expert, the jury gets to decide who’s right, not the judge. But there has been a trend by insurance companies in the first-party property context of taking their expert’s report… Continue reading Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
New Jersey Court Finds Insurer Can Deny Or Reserve Coverage Despite Insured’s Failure To Respond To Offer Of A Defense
Charles W. Stotter | Bressler, Amery & Ross PC | April 2, 2018 In a recent decision for publication, a New Jersey intermediate appellate court clarified certain circumstances in which an insurer can deny coverage even though the insured did not respond to the insurer’s offer of a “courtesy defense.” In Northfield Ins. Co. v. Mt.… Continue reading New Jersey Court Finds Insurer Can Deny Or Reserve Coverage Despite Insured’s Failure To Respond To Offer Of A Defense
Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award
Sunu M. Pillai | Construction Industry Counselor | May 3, 2018 The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of “wise judicial administration.” The US District Court for the District of Rhode Island recently applied this doctrine, and elected to abstain from ruling on… Continue reading Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award