Bradley R. Ryba and Steven P. Nassi | Goldberg Segalla | April 9, 2019 With limited exception, an insurer that owes a duty to defend to its insured cannot litigate whether it also has a duty to indemnify the insured for the same matter until after the insured’s liability has been resolved. In a unanimous… Continue reading Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
Tag: Florida
Application of Frye Test to Determine Admissibility of Expert
David Adelstein | Florida Construction Legal Updates | February 2, 2019 Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony. The Frye test is more favorable to plaintiffs because it applies when an expert renders an opinion based on new or novel scientific principles. See D.R. Horton, Inc. v. Heron’s Landing Condominium Ass’n… Continue reading Application of Frye Test to Determine Admissibility of Expert
After an Appraisal Award is Signed, Can One Side Unilaterally Change It?
J. Ryan Fowler | Property Insurance Coverage Law Blog | April 2, 2019 With appraisal becoming more popular in first-party insurance cases, I often get asked: When is the appraisal completed? As most answers for a first party insurance case – it depends on the policy. Recently a Federal District Court in Florida was asked to determine… Continue reading After an Appraisal Award is Signed, Can One Side Unilaterally Change It?
Legislation to Significantly Refurbish Florida’s Construction Defect Law Moving Through the Legislature
Jeff Wertman | Berger Singerman | March 20, 2019 Florida SB 1246 (related HB 911) seeks major changes to Florida’s construction defect law, Chapter 558, Florida Statutes, including repealing the pre-suit notice and opportunity to repair requirements (notice of claim, reasonable inspection of the property, and settlement offers) and requiring nonbinding arbitration in all construction… Continue reading Legislation to Significantly Refurbish Florida’s Construction Defect Law Moving Through the Legislature
Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?
Amandeep S. Kahlon | Bradley Arant Boult Cummings | February 26, 2019 On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court: WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT… Continue reading Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?