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…
We are pleased to report yet another appellate victory in a case George Truitt and Greg Willis of the firm’s Construction Group tried and Scott Cole and George Truitt of the firm’s Appellate Group defended on appeal.
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…
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…
The flow of construction stormwater legislation and rulemaking from Washington D.C. and Tallahassee has been steady in recent years. With another construction boom underway in many parts of the state, stakeholders must remain vigilant of the Florida Department of Environmental Protection (“FDEP”) regulations governing construction dewatering and stormwater runoff promulgated in February of 2015.
Recently, the First DCA addressed the issue of dual employment as it relates to a contractor and subcontractor. See Roof Painting by Hartzell, Inc./Summit Holdings Claim Center v. Andres Hernandez, Colors Construction, Inc., and Guarantee Insurance Company, 2015 WL 641199, (Fla. 1st DCA 2015). Dual employment occurs when a single employee is under a contract Read More…
In addition to HB 87 / SB 418, CSK also continues to monitor the progress of House Bill (“HB”) 501, entitled “Limitation of Actions,” as it makes its run through the 2015 session of the Florida legislature. The objective of HB 501 is to alter the current state of Florida law regarding the time within Read More…
Florida’s 2015 Legislative session kicks off on Tuesday March 3, 2015. This Legislative session CSK’s Construction Law Division is closely tracking the following bills: • House Bill (“HB”) 87 titled Construction Defect Claims and a similar bill, Senate Bill (“SB”) 418; and • HB 501 titled Limitations of Actions. These bills, if passed, will impact Read More…
We are pleased to announce another significant appellate victory for Cole, Scott, & Kissane P.A.’s Appellate Practice Group. Scott Cole, Esq. and George Truitt, Esq. obtained an affirmance of a complete defense verdict in favor a traffic engineer in a wrongful death case arising from a tragic motor vehicle accident at a signalized intersection that resulted in the death of Read More…
On December 24, 2014, the United States Court of Appeals for the Eleventh Circuit published an opinion finding no coverage for a shipbuilder under a marine engineering firm’s Architect’s and Engineer’s professional liability insurance policy. Atlantic Marine Florida, LLC, et al. v. Evanston Ins. Co., et al., No. 13-11342 (to view the opinion please click Read More…
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