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Eleventh Circuit Apparently Expands Insurance Coverage Under Alabama Law
Posted in Legal Alerts by 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.
read more Share This PostEleventh 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 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.
read more Share This PostFlorida’s First District Court of Appeal Weighs in on Unresolved Lender Liability Question and Statute of Limitations Issue
Posted in Legal Alerts by 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.
read more Share This PostThe Florida Supreme Court Invalidates Joint Proposal for Settlement in Pratt v. Weiss
Posted in Legal Alerts by 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.
read more Share This Post11th Circuit Weighs in on Several CGL Policy Related Issues in Carithers v. Mid-Continent Casualty Company
Posted in Legal Alerts by on Fri Apr 17, 2015
The Federal Eleventh Circuit Court of Appeals recently issued an opinion addressing a number of CGL Policy related issues, including the duty to defend, application of coverage triggers, and an analysis of covered damages in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).
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