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Recent Posts

QUICK NOTE: REMEMBER TO TIMELY FORECLOSE LIEN AGAINST LIEN TRANSFER BOND

Posted on 19 May, 2019
When a construction lien is transferred to a lien transfer bond pursuant to Florida Statute s. 713.24, instead of foreclosing the lien against the real property, you are foreclosing the lien against the lien transfer bond.  This is not a...

QUICK NOTE: THIRD-PARTY CAN BRING COMMON LAW BAD FAITH CLAIM

Posted on 18 May, 2019
A third-party claimant may bring a common law bad faith claim against a defendant’s liability insurer.   Mccullough v. Royal Caribbean Cruises, 2019 WL 2076192, *2 (S.D.Fla. 2019).  “A bad faith claim may be brought by a third party absent an assignment from the insured.”  Id.   This...

INSURER’S CONFESSION OF JUDGMENT THROUGH POST-LAWSUIT PAYMENT

Posted on 11 May, 2019
The recent opinion in the property insurance coverage dispute, Bryant v. Geovera Specialty Ins. Co., 44 Fla.L.Weekly D1232a (Fla. 4thDCA 2019), discusses the doctrine known as an insurer’s “confession of judgment.”   In this case, an insured suffered water damage from a pipe leak.  The insurer paid...

QUICK NOTE: INDEPENDENT THIRD-PARTY SPOLIATION OF EVIDENCE CLAIM

Posted on 4 May, 2019
In an earlier posting I discussed the difference between first-party spoliation of evidence and third-party spoliation of evidence.     There is NO independent cause of action for first-party spoliation of evidence because that can be dealt with directly in the underlying lawsuit.  This...

LIABILITY INSURER’S DUTY TO DEFEND INSURED IS BROADER THAN ITS DUTY TO INDEMNIFY

Posted on 3 May, 2019
When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify.   This broad duty to defend an insured is very important and, as an insured, you need to know this.   “A liability insurer's...