What We Know

Recent Florida Trial Court Decisions Confirm the Narrow Liability of Motor Vehicle Dealer Bond Sureties

Posted in Legal Alerts by Matthew G. Davis on Wed Feb 7, 2018

Florida trial courts affirm the statutory intent of motor vehicle dealer bonds, which is to provide a modest sum for consumers to recover when dealerships go out of business and default in their obligations.  read more Share This Post

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.

read more Share This Post

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.

read more Share This Post

Brett Divers and Ty Thompson named Fellows of the American Bar Foundation

Posted in News by Brett D. Divers, Ty G. Thompson on Mon Mar 27, 2017

read more Share This Post

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 Share This Post