Dara Jebrock and Lindy Keown | CLM | Spring 2018 Proposed legislation in Florida would lengthen the statute of repose for counter, cross and third-party claims in construction defect. The time for bringing certain actions for latent construction defects in Florida may be relaxed, depending on the outcome of proposed legislation. Senate Bill 536 and… Continue reading Time’s Up! Or Is It?
Tag: Florida
Policy Exclusions Must Be Narrowly Applied to Assure Policyholders Receive All Benefits Available
Tamara Chen-See | Property Insurance Coverage Law Blog | May 10, 2018 In a recent post, Policyholders May Benefit From All Their Coverages, I discussed the importance of carefully evaluating all the insurance benefits potentially available to policyholders if a catastrophic loss occurs. That blog examined the decision in Citizens Property Insurance Corp. v. Hamilton,1 which allowed recovery… Continue reading Policy Exclusions Must Be Narrowly Applied to Assure Policyholders Receive All Benefits Available
How Much Control Is Too Much Control? Federal Court in Florida Holds Designers’ Supervision of Project and Issuance of Design Documents Creates Control Over—And Potential Tort Liability To—Project Contractors
John J. Gazzola | Constructlaw | May 3, 2018 Suffolk Constr. Co. v. Rodriguez & Quiroga Architects Chtd., 2018 U.S. Dist. LEXIS 42652 (S.D. Fla. Mar. 15, 2018) This case arises out of the design and construction of a science museum in Miami, Florida (the “Project”). Museum of Science, Inc. (“MSI”), the Project owner, executed… Continue reading How Much Control Is Too Much Control? Federal Court in Florida Holds Designers’ Supervision of Project and Issuance of Design Documents Creates Control Over—And Potential Tort Liability To—Project Contractors
Insureds Still Cannot Obtain Insurer’s Claim File
Marie Laur | Property Insurance Coverage Law Blog | May 6, 2018 Whether an insured can access an insurer’s claim file has often been addressed by Florida courts. Recently, a Florida appellate court followed other courts’ rulings in holding that an insured cannot obtain its insurer’s claim file. In Homeowners Choice Property and Casualty Ins. Co.… Continue reading Insureds Still Cannot Obtain Insurer’s Claim File
Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
Erin Dunnavant | Property Insurance Coverage Law Blog | May 7, 2018 Generally, in Florida, when there is a difference of opinions between each party’s expert, the jury gets to decide who’s right, not the judge. But there has been a trend by insurance companies in the first-party property context of taking their expert’s report… Continue reading Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question