What We Know

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

Wed Feb 7, 2018 Legal Alerts

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. 

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

Wed Feb 7, 2018 Legal Alerts

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.

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

Tue Jul 18, 2017 Legal Alerts

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.

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

Mon Mar 27, 2017 News

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

Thu Feb 16, 2017 Articles, Legal Alerts

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.