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CGL INSURER’S DUTY TO DEFEND BROADER THAN DUTY TO INDEMNIFY AND BASED ON ALLEGATIONS IN UNDERLYING COMPLAINT

Posted on 9 February, 2019
The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim.  The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for...

APPLICATION OF FRYE TEST TO DETERMINE ADMISSIBILITY OF EXPERT

Posted on 2 February, 2019
Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony.  The Frye test is more favorable to plaintiffs because it applies when an...

PAROL EVIDENCE CAN BE USED TO DEFEAT FRAUDULENT LIEN

Posted on 27 January, 2019
Parol or extrinsic evidence can be used to defeat an argument that a lien is a fraudulent lien.  And, just because a...

SUPREME COURT HOLDS ARBITRATOR CAN FULLY DECIDE THRESHOLD ARBITRABILITY ISSUE

Posted on 19 January, 2019
The United States Supreme Court recently decided parties to a contract can agree, under the Federal Arbitration Act, an arbitrator, rather than a court, can fully resolve the initial arbitrability question.  Henry Schein, Inc. v. Archer and White Sales, Inc., 2019 WL 122164 (2019).  The...

DRAFTING A CONTRACTUAL ARBITRATION PROVISION

Posted on 24 December, 2018
A recent Florida case discussing a contractual arbitration provision in a homebuilder's contract discussed the difference between a narrow arbitration provision and a broad arbitration provision.  See Vancore Construction,...