Call us: 305.350.5300

Florida Construction Law News

16MAY 2018

Duties of Defense and Indemnity in Construction Litigation: A Case Study

by Reinaldo Mouriz, Esq.

The United States District Court for the Northern District of Florida recently issued an order in Morette Company v. Southern-Owners Insurance Company, [1] where the Court addressed whether an insurer, Southern-Owners Insurance Company (“Southern-Owners”), had duties to defend and indemnify various parties against state court claims for property damage due to allegedly defective work performed by two of its insured subcontractors, Etheridge Construction, Inc. (“Etheridge”) and Wallace Sprinkler & Supply, Inc. (“Wallace”). Morette Companybegan in August 2008, when Little Sabine, Inc. (“Sabine”), the developer and owner of Margaritaville, hired Morette Company, Inc. (“Morette”) as general contractor for the Margaritaville project. Morette subcontracted work to Etheridge and Wallace. The terms of the respective subcontracts required each subcontractor to defend and indemnify Morette for all damages claims “occasioned by” the subcontractor’s work and to reimburse Morette for all expenses incurred, including reasonable attorney’s fees, as a result of such claims.

24APR 2018

The Importance of the Subcontractor Exception to the “Your Work” Exclusion

by John J. Kozak, Esq.

Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’”  These CGL policies define “your work,” in pertinent part, as “work or operations performed by you or on your behalf.” Read More…

25FEB 2018

Don’t Plead Your Pass-Through CD Claims Out of Coverage

by Ryan M. Charlson, Esq.

Failing to plead damage to other property, even in the face of record evidence supporting damage to other property, can result in a ruling that there is no duty to defend. In Florida, a commercial general liability (“CGL”) insurer’s duty to defend its insured is determined by examining whether the allegations in the complaint against Read More…

15MAY 2017

Insurance Company Not Responsible For Paying Pre-Tender Legal Fees

by Robert H. de Flesco III, Esq.

Insurance carriers can breathe a little easier. The Eleventh Circuit recently ruled, in EmbroidMe.com, Inc. v. Travelers Property & Casualty Co. of America, that an insurer did not have to pay attorneys’ fees incurred by its insured before the insured notified it of the litigation.

16SEP 2016

Whether There is a Duty to Defend an Indemnity Claim Against an Employer That Arises Out of an Employee’s Injury

by Daniel R. Duello

Most, if not all, commercial general liability policies contain a workers’ compensation exclusion, which have been widely interpreted to exclude claims made by employees directly against their employers.[i] However, that exclusion can be avoided in certain circumstances where a party that was liable for the employee’s injuries seeks indemnity back against the employer, as outlined in a recent South Florida case.[ii]

22JAN 2016

Attorney’s Fees Constitute Covered “Court Costs”

by David S. Harrigan, Esq.

In Mid-Continent Casualty Company v. James T. Treace, 41 Fla. L. Weekly D60c (Fla. 5th DCA Dec. 31, 2015), Florida’s Fifth District Court of Appeal recently held that attorney’s fees awarded to a Plaintiff in a construction defect action against an insured contractor were covered under a supplementary payment provision in a commercial general liability Read More…

19JUN 2015

Chapter 558: What Suits You May Not Suit Your Insurer – Florida Federal Court Determines that a Chapter 558 Notice of Claim Does Not Require Defense or Indemnity

by George Truitt, Jr., Esq.

The United States District Court for the Southern District of Florida recently issued an opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13-80831-CIV, 2015 WL 3539755 (S.D. Fla. June 4, 2015), addressing an issue of first impression.  In Altman, the Court evaluated whether an insurer has a duty to defend Read More…

20APR 2015

CSK Attorneys Published in The Lawyer Issue

by Ryan M. Charlson, Esq.

David Salazar and Craig Distel recently published an article titled “Goodnight Contractors – Sanislo v. Give the Kids” analyzing the Florida Supreme Court’s February 12, 2015 decision in Sanislo v. Give the Kids the World, Inc.[1] and its potential impact on the construction industry. Their article will be appearing in the upcoming edition of The Lawyer Issue, an Read More…

16APR 2015

Eleventh Circuit Pulls the Trigger on Injury-In-Fact

by George Truitt, Jr., Esq.

The Eleventh Circuit Court of Appeals recently reaffirmed Florida as an injury-in-fact trigger state in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).  However, the Court did not end the manifestation versus injury-in-fact debate, choosing instead not to address the appropriate trigger where it is “difficult (or impossible) to determine Read More…

30JUL 2014

Construction Law Success Story: Partial Summary Judgment on Duty to Defend Structural Engineer

by Thomas Shea

Cole, Scott & Kissane’s Florida Construction Law Attorneys, David Salazar and Dave Peterson, recently obtained partial summary judgment on the duty to defend a structural engineer in a construction delay claim. This case is a winning example that the duty to defend is broader than – as well as separate and apart from – the Read More…