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Southern District of Florida Upholds the Bond Pre-Claim Terms as Conditions Precedent to Filing a Claim Against a Surety

Posted in Legal Alerts by Ryan J. Weeks on Wed Jan 4, 2017

In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., Case No. 1:15-cv-22403-RNS (S.D. Fla. December 12, 2016), Arch Insurance Company (“Arch”) sued John Moriarty & Associates of Florida, Inc. (“Moriarty”) seeking a declaration that there was no coverage under a performance-and-payment bond (“Bond”) that Arch issued on a project naming Moriarty as the obligee.  Moriarty was the general contractor and sought $995,239.83 from Arch, under the performance side of the Bond, related to alleged shortfalls of the subcontractor/principal.

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Florida's Fourth District Court of Appeal Finds Unsupported Expert Testimony Inadmissible under Daubert

Posted in Legal Alerts by Jeffrey M. Paskert and Dara L. Dawson on Fri Sep 23, 2016

On September 14, 2016, Florida’s Fourth District Court of Appeal reversed an $8 million verdict for the plaintiff in Crane Co. v. Delisle, finding that the trial court abused its discretion in admitting unreliable expert testimony upon which the plaintiff relied to prove causation. 2016 WL 4771438 (Fla. 4th DCA September 14, 2016).  The plaintiff alleged that the defendants’ asbestos-containing products were substantial contributing causes of his mesothelioma, and the plaintiff presented multiple experts to support this allegation.  read more

Middle District of Florida Judicially Expands Definition of Statutory Payment Bond

Posted in Legal Alerts by Matthew G. Davis on Mon Jul 18, 2016

Maschmeyer Concrete Co. of Fla. vs. American Southern Ins. Co., Case No. 6:15-cv-912-Orl-37KRS (M. D. Fla. 2016), involved a materialman’s claim against a payment bond for materials furnished to the bonded contractor on a City of Orlando concrete repair and construction project.  read more

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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