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THERE ARE TIMES AN EQUITABLE SUBROGATION CLAIM IS THE MOST PRACTICAL RECOURSE FOR REIMBURSEMENT

Posted on 22 April, 2018
Equitable subrogation is a claim that can be pursued when a party (referred to as the subrogee) pays for damages to protect its interest--perhaps to mitigate its own exposure--seeks reimbursement from another party primarily liable for the...

SUING A PUBLIC ENTITY FOR NEGLIGENT MISREPRESENTATION …NOT SO FAST

Posted on 14 April, 2018
  Suing a public entity for negligent misrepresentation…let’s just say, is not that easy.  Not that easy at all!  Putting aside the doctrine of sovereign immunity (the doctrine that the king can do no wrong), a public entity does not...

REPAIRING ONE’S OWN WORK AND THE ONE YEAR STATUTE OF LIMITATIONS TO SUE A MILLER ACT PAYMENT BOND

Posted on 9 April, 2018
When it comes to Miller Act payment bond claims, repairing one’s own work does NOT extend the one year statute of limitations to file suit on a Miler Act payment bond.  Belonger Corp., Inc. v. BW Contracting Services, Inc., 2018 WL 704379, *3...

COMPETING EXPERT WITNESSES IN AN INSURANCE COVERAGE DISPUTE

Posted on 2 April, 2018
Oftentimes, insurance coverage disputes involve competing expert witnesses.  The experts render different expert opinions regarding a topic that goes to coverage and/or damages.  An example of competing expert witnesses can be found in the recent property insurance coverage dispute, Garcia v. First Community...

STATUTORY BAD FAITH AND AN INSURED’S 60-DAY NOTICE TO CURE

Posted on 30 March, 2018
A recent case came out in favor of an insured and against a first-party property insurer in the triggering of a statutory bad faith action.   Florida’s Fifth District Court of Appeal in Demase v. State Farm Florida Insurance Company, 43 Fla. L. Weekly D679a (Fla. 5th DCA 2018) held that...