Category Archives: Subrogation

Liability Releases with Warranty Repairs – A Proactive Defense

By Daniel Levin on January 23rd, 2013 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A Florida Federal Trial Court Suggests That Contribution Between Comparatively At-Fault Parties Is Obsolete

By George Truitt on April 5th, 2012 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