David Adelstein | Florida Construction Legal Updates | December 22, 2018 A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely severed out of the indemnification clause leaving the rest of the clause intact. In essence, an otherwise invalid indemnification clause is bailed… Continue reading Bailout for an Improperly Drafted Indemnification Provision
Tag: Florida
Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Michael S. Levine | Hunton Andrews Kurth LLP | December 27, 2018 The United States District Court for the Middle District of Florida recently granted summary judgment in favor of developer, KB Homes, ruling that Southern Owners Insurance Co. must defend KB Homes under various Commercial General Liability policies. The action arises from the construction… Continue reading Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Florida Decides Against Adopting Daubert
Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert
Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!
Erin Dunnavant | Property Insurance Coverage Law Blog | December 8, 2018 Recently, Florida’s Third District Court of Appeal found that a trial court abused its discretion by allowing the trial testimony of an insured homeowner’s expert when he expanded on his opinions during trial. The case is Citizens Property Insurance Corporation v. Vazquez.1 The loss… Continue reading Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!
Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy
Michael Morehead | Property Insurance Law Observer | December 5, 2018 Introduction At least two Florida appellate courts have directly contradicted each other on an increasingly-important question facing Floridians and the insurance industry. The question is as follows: “Are insurance provisions valid which condition the validity of third-party benefits assignments upon the written consent of… Continue reading Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy