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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
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.
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.Motor Vehicle Dealer Bonds: Florida's Fourth District Court of Appeal Punts on Attorneys' Fees Issue
Wed Feb 15, 2017 Articles, Legal Alerts
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.
Southern District of Florida Upholds the Bond Pre-Claim Terms as Conditions Precedent to Filing a Claim Against a Surety
Wed Jan 4, 2017 Legal Alerts
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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