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Eleventh Circuit Affirms Surety's Rights Under Indemnity Agreement

Posted in Legal Alerts, News by E.A. "Seth" Mills, Jr. on Tue Sep 22, 2015

Today, in Fidelity & Deposit Company of Maryland vs. C.E. Hall, the United States Eleventh Circuit Court of Appeals ruled that a surety, that has previously made a demand for collateral security upon its principal, which demand was refused by the principal, retains the right to settle the obligee’s claims..

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Eleventh Circuit Apparently Expands Insurance Coverage Under Alabama Law

Posted in Legal Alerts by Jeffrey M. Paskert and Dara L. Dawson on Thu Jun 18, 2015

Just months after issuing its Carithers opinion applying an expansive view of Florida coverage law, the Eleventh Circuit Court of Appeals rendered its opinion in Pennsylvania National Mutual Casualty Insurance Company v. St. Catherine of Siena Parish and Kiker Corporation, 2015 WL 3609353 (11th Cir. 2015), which appears to expand insurance coverage for construction defects under Alabama law.

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Eleventh Circuit Reverses Itself in Hanover Ins. Co. v. Atlantis Drywall & Framing, LLC, Calming Concerns that Indemnity Actions are Subject to Arbitration Absent Arbitration Clauses in Indemnity Agreements

Posted in Legal Alerts by Ty G. Thompson on Fri Jun 5, 2015

Recently, the United States Court of Appeals for Eleventh Circuit vacated its August 2014 order requiring a surety to arbitrate its indemnity claims against its principal and indemnitors, despite there being no arbitration provision in the indemnity agreement.

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Florida’s First District Court of Appeal Weighs in on Unresolved Lender Liability Question and Statute of Limitations Issue

Posted in Legal Alerts by Jordan Miller on Fri May 1, 2015

For the first time a Florida appellate court has decided whether section 713.3471, Florida Statutes, provides a contractor’s sole remedy against a lender that has ceased advances on a construction loan. The First District Court of Appeal took up this issue of first impression in Jax Utilites Management, Inc. v. Hancock Bank, No.1D14-664, 2015 WL 1809322 (Fla. 1st DCA 2015) while also addressing pertinent statute of limitations issues relating to equitable lien actions.

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The Florida Supreme Court Invalidates Joint Proposal for Settlement in Pratt v. Weiss

Posted in Legal Alerts by Jeffrey M. Paskert on Wed Apr 22, 2015

Florida’s Statutes and Rules of Procedure provide a mechanism by which parties may offer to settle cases, and in the process potentially create an entitlement to recover attorney’s fees.  The mechanism is through service of what are commonly called proposals for settlement or offers of judgment.  Predicting the enforceability of joint proposals for settlement and offers of judgment under current Florida law, however, can be somewhat challenging.  Exhibit “A” supporting this statement could be the trial court, appellate court, and Florida Supreme Court decisions in the Pratt case.

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