Rahul Gogineni | The Subrogation Strategist | October 30, 2018 In Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal recently concluded that the date on which the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq.,… Continue reading Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
Tag: Florida
Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Clifford J. Zatz and William L. Anderson | Crowell & Moring LLP | October 22, 2018 Five years after the Florida legislature amended the state’s evidence code to incorporate the Daubert standard for admissibility of expert testimony, the Florida Supreme Court last week held the amendment unconstitutional. “With our decision today,” said the Court, “we reaffirm that Frye, not Daubert,… Continue reading Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Ernest Wagner | Marice Wutscher LLP | October 25, 2018 The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the… Continue reading Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Much Needed Clarification of Appraiser Qualifications in Florida
Tamara Chen-See | Property Insurance Coverage Law Blog | October 23, 2018 The appraisal alternative dispute resolution procedure in most first-party property insurance policies in Florida is a valuable process for insureds. In our experience at Merlin Law Group, few states in the country have a greater need for an understandable, enforceable appraisal process than Florida.… Continue reading Much Needed Clarification of Appraiser Qualifications in Florida
Attorney’s Fees And Homeowner Claims Against Insurance Companies
Scott Topolski | Cole Schotz | October 15, 2018 Lawsuits by homeowners against their own insurance companies for failing to pay on damage claims that homeowners believe and argue are covered by their policies of insurance are quite common in Florida. Frequently these involve claims for water-related damages—a typical example being a slow leak from… Continue reading Attorney’s Fees And Homeowner Claims Against Insurance Companies