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Florida Construction Law Update

Category Archives: Subrogation

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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

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

A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete

Posted in Architects, Construction, Contractors, Design Professionals, Developers, Engineers, Indemnification, Professional Liability, Subcontractors, Subrogation

Is the cause of action for Contribution still a viable claim? A recent federal court suggested that Contribution between comparatively at-fault parties is no longer a viable claim in light of the availability of comparative fault defenses to liability. In Mendez-Garcia v. Galaxie Corp., 8:10-CV-788-T-24 EAJ, 2011 WL 5358658 (M.D. Fla. Nov. 3, 2011), the… Continue Reading