Michael Shifrin | Bressler, Amery & Ross For decades, appraisal has been a central feature of Florida property insurance disputes. Designed to resolve disagreements over the amount of loss, appraisal was never intended to displace litigation altogether. In recent years, appraisal has become far more contested. Courts are now scrutinizing appraisal awards more closely, carriers… Continue reading Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Tag: Florida
Collapse Coverage in First-Party Property Cases
Keegan Lathan | Butler Weihmuller Katz Craig What is considered a covered “collapse” under a homeowner’s policy? One Florida appeals court recently addressed this question in Escobar v. Citizens Prop. Ins. Corp., No. 3D24-1234, 2026 WL 817362 (Fla. Dist. Ct. App. Mar. 15, 2026). Specifically, the Third District Court of Appeal held that: (1) drywall is… Continue reading Collapse Coverage in First-Party Property Cases
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute
Nathan R. Woods | Marshall Dennehey Florida Roof Masters (FRM) and Ms. Page signed a contract wherein FRM would provide roofing services at a cost of $18,000. Page paid $9,000 prior to services being completed but refused to pay the remaining balance upon completion. FRM hired a collection company to pursue the debt on their… Continue reading Florida Appeals Court Reinstates Roofing Contractor’s Breach of Contract Claim After Standing Dispute
11th Circuit Upholds Arbitration in Construction Contract Dispute, Rejects Jurisdiction Challenge by Subcontractor
Nathan R. Woods | Marshall Dennehey John Bell Construction (JBC) served as a subcontractor for Tutor Perini Corp. on the Miami-Dade County courthouse construction project for which Tutor Perini was the design-builder and Plenary Justice Miami, LLC (Plenary) was the developer. JBC sought to increase compensation for cement masons and tile setters from $13.76–$18.01 per… Continue reading 11th Circuit Upholds Arbitration in Construction Contract Dispute, Rejects Jurisdiction Challenge by Subcontractor