What We Know

Eleventh 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

Fri Jun 5, 2015 Legal Alerts

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.

Florida’s First District Court of Appeal Weighs in on Unresolved Lender Liability Question and Statute of Limitations Issue

Fri May 1, 2015 Legal Alerts

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.

The Florida Supreme Court Invalidates Joint Proposal for Settlement in Pratt v. Weiss

Wed Apr 22, 2015 Legal Alerts

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.

11th Circuit Weighs in on Several CGL Policy Related Issues in Carithers v. Mid-Continent Casualty Company

Fri Apr 17, 2015 Legal Alerts

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).

Florida Senate Ponders Change to Construction Defect Statute

Wed Apr 8, 2015 Legal Alerts

The Florida Senate is considering a change to section 558.004, Florida Statutes, which is titled Notice and Opportunity to Repair. That statute currently requires a party asserting that a construction defect exists to serve a notice of claim on the party with whom the claimant contracted to perform work.

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Eleventh 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

Florida’s First District Court of Appeal Weighs in on Unresolved Lender Liability Question and Statute of Limitations Issue

The Florida Supreme Court Invalidates Joint Proposal for Settlement in Pratt v. Weiss

11th Circuit Weighs in on Several CGL Policy Related Issues in Carithers v. Mid-Continent Casualty Company

Florida Senate Ponders Change to Construction Defect Statute

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