Jason M. Seitz | Butler Weihmuller Katz Craig | April 30, 2018 Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied Florida law in its analysis of… Continue reading Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers
Month: May 2018
Is a “Matching” Dispute Appropriate for Appraisal? – Update
Edward Eshoo | Property Insurance Coverage Law Blog | May 3, 2018 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company, and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a… Continue reading Is a “Matching” Dispute Appropriate for Appraisal? – Update
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