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OWNERS BOUND BY ARBITRATION CLAUSE ON ROOFING SHINGLES PACKAGING

Posted on 11 November, 2018
In today’s age, you are probably familiar with terms such as a shrinkwrap contract (terms and conditions), which is a boilerplate contract included with a retained product, or a clickwrap contract (terms and conditions), which is generally a boilerplate contract that is digitally...

INDEMNIFICATION PROVISIONS DO NOT CREATE RECIPROCAL ATTORNEY’S FEES PROVISIONS

Posted on 3 November, 2018
In a good, recent decision, the Eleventh Circuit in International Fidelity Insurance Co. v. Americabe-Moriarity, JV, 2018 WL 5306683 (11th Cir. 2018), held that Florida Statute s. 57.105(7) cannot be used to shift attorney’s fees in a contractual indemnification clause in...

INSURER’S “FAILURE TO COOPERATE” DEFENSE

Posted on 26 October, 2018
If an insurer takes this position, it will typically be denying both defense and indemnification obligations, meaning the insured could be forfeiting coverage that otherwise exists through his/her/its failure to cooperate with the insurer.  This defense by the insurer is not absolute as recently explained by the...

QUICK NOTE: UNENFORCEABLE LANGUAGE IN ARBITRATION PROVISION

Posted on 19 October, 2018
Although arbitration is a dispute resolution provision provided for in a contract, the scope of judicial review of an arbitrator's award is still governed by law.  There are limited circumstances in which an arbitrator's award can be challenged under the law.  One of those circumstances...

SERVING THE 558 NOTICE OF CONSTRUCTION DEFECT LETTER IN LIGHT OF THE STATUTE OF REPOSE

Posted on 13 October, 2018
Florida Statutes Chapter 558 requires a Notice of Construction Defect letter (“558 Notice”) to be served before a construction defect lawsuit is commenced.  This is a statutory requirement unless...