Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Tag: Florida
Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
David Adelstein | Florida Construction Legal Updates A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at… Continue reading Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
Homeowners Have Post-Loss Duties Too, Florida Appeals Court Says in HCI Win
William Rabb | Insurance Journal Florida insurers, often on the receiving end of insureds’ complaints – in the courts and in the news media – may take heart from a new ruling by a Florida appeals court, which draws a bold line under insureds’ responsibilities after a loss. The 1st District Court of Appeals on… Continue reading Homeowners Have Post-Loss Duties Too, Florida Appeals Court Says in HCI Win
Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
David Adelstein | Florida Construction Legal Updates Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a “must know” if you practice in the construction defect world. While I may not be a… Continue reading Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
Florida Claims Administration Statute and Difference Between Policy Defense and Coverage Defense
David Adelstein | Florida Construction Legal Updates A recent insurance coverage dispute involving an automobile liability insurance policy contains a worthy discussion, particularly on the difference between a policy defense and a coverage defense. In this case, the carrier did not provide a defense to the defendant and the plaintiff and defendant entered into a Coblentz agreement. The plaintiff, as assignee of the… Continue reading Florida Claims Administration Statute and Difference Between Policy Defense and Coverage Defense