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Chapter 558’s Notice of Claim Procedure – It May Trigger a Duty to Defend Under Your CGL Policy

Posted in Legal Alerts by Jeffrey M. Paskert and Dara L. Dawson on Wed Feb 7, 2018

The Florida Supreme Court recently answered a question that will impact for some time construction defect claims and those insurers called upon to defend them.  In the case styled Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, 42 Fla. L. Weekly S960b, the Florida Supreme Court ruled that the pre-suit notice and repair process set forth in Chapter 558, Florida Statutes, is a “suit” within the meaning of a commercial general liability policy.

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Eleventh Crcuit Affirms Summary Judgment in Favor of Surety Finding That Surety Is Not Bound by Default Judgment Against Bond Principal

Posted in Legal Alerts by Zack D. Anderson on Tue Jul 18, 2017

In David Lawrence Federer v. Zurich Am. Ins. Co., et al., No. 16-16592, 2017 U.S. App. LEXIS 12358 (11th Cir. July 11, 2017), Keith Lichtman and Zack Anderson obtained a favorable decision from the Eleventh Circuit Court of Appeals affirming the District Court’s (N.D. Ga. - Atlanta Division) grant of summary judgment in favor of their surety client.

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Florida Supreme Court Declines to Adopt Florida Legislature’s Daubert Amendment

Posted in Articles, Legal Alerts by Robert C. Graham, Jr. and Jeffrey M. Paskert on Thu Feb 16, 2017

For many years Florida followed the Frye standard for the admissibility of expert testimony based upon new or novel scientific evidence.  See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).   In 2013, the Florida Legislature, through what has been dubbed the Daubert Amendment, replaced the Frye standard with the Daubert standard.  The Daubert standard stems from the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), which established the federal court standard for expert testimony.  Since then, federal courts have continued to apply the Daubert standard, and 36 states have adopted the Daubert standard. read more

Motor Vehicle Dealer Bonds: Florida's Fourth District Court of Appeal Punts on Attorneys' Fees Issue

Posted in Articles, Legal Alerts by Matthew G. Davis on Wed Feb 15, 2017

Florida’s Fourth District Court of Appeal recently had the opportunity to provide much needed guidance on the issue of whether a statutory motor vehicle dealer bond caps the surety’s liability for plaintiff’s attorneys’ fees at the penal sum of the bond.  Unfortunately, the court found another issue to be dispositive and declined to rule on the attorneys’ fees issue. 

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