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Florida Construction Law Update

Category Archives: Insurance

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Self-Insured Retention Obligations, Third-Party Indemnification Payments, and the Made Whole Doctrine

Posted in Indemnification, Insurance, Subrogation

In Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., 2014 WL 463309 (Fla. 2014), the Florida Supreme Court decided a matter of first impression certified to it by the Eleventh Circuit Court of Appeals holding that an insured was permitted to apply third-party indemnification payments towards its self-insured retention (“SIR”) obligation under a… Continue Reading

Insurer’s Duty to Defend in Standard Form Commercial General Liability Policies

Posted in Insurance

The recent decision in Nationwide Mut. Fire Ins. Co. v. Advanced Cooling and Heating, Inc., 38 Fla. L. Weekly D2256a (Fla. 4th DCA 2013), gives us the opportunity to revisit a hotly contested issue in the construction industry: what triggers an insurer’s duty to defend under a post-1986 standard form commercial general liability insurance policy?… Continue Reading

Liability Releases with Warranty Repairs – A Proactive Defense

Posted in Construction, Contractors, Design Professionals, Developers, Engineers, Insurance, Subrogation

Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s liability for claims by an Condominium Association’s property insurance carrier for a subrogation claim after the Developer and Contractor entered into a release with the Association pursuant to certain warranty repairs. The appellate court affirmed the decision of the… Continue Reading

Insurer’s Total Pollution Exclusion Valid According to U.S. Southern District of Florida Court

Posted in Construction, Contractors, Insurance

Due to the use of Chinese drywall in construction projects, there has been an advent of class action litigation against contractors and suppliers of Chinese drywall for personal injuries and property damage.  Recently, insurers have started the process to deny coverage for the contractors who installed Chinese drywall. Since the mid‐1980s virtually all Commercial General… Continue Reading

CSK Trial Win

Posted in Architects, Construction, Construction Contracts, Contractors, Design Professionals, Engineers, Insurance, Uncategorized

George Truitt and Daniel Levin recently defended an architect and his firm against a claim by a homeowner relating to the design of the HVAC system in an 8,000 square foot, custom home on the Intracoastal Waterway in Miami, Florida.  The owner claimed that the system was deficiently designed so that it was not able… Continue Reading

Keeping Claims Files Confidential: “Work-Product” Privilege for Construction Claims Handling

Posted in Construction, Insurance

The vast majority of construction disputes do not begin with the filing of formal litigation.  In fact, Florida Statute § 558.004 protects against any “first-notice” lawsuits by requiring that notice and an opportunity to cure any alleged defect be given prior to the pursuit of formal litigation.  Of course, as part of any pre-suit investigation,… Continue Reading

Preserving Coverage Defenses – The Latest Word

Posted in Construction, Insurance, Subcontractors

For an insurer, numerous obligations are triggered upon notification of the existence of a claim.  One of these is when a coverage defense can be asserted.  The United States Court of Appeals for the Eleventh Circuit recently clarified that in order to raise valid coverage defenses and steer clear of preventable pitfalls, insurers must be… Continue Reading