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Recent Posts

YOU DON’T HAVE TO BE A CONSUMER TO ASSERT A FDUTPA CLAIM

Posted on 17 February, 2018
A few years ago, the Fourth District Court of Florida rendered an opinion in Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., 169 So.3d 164 (Fla. 4th DCA 2015) regarding Florida’s Deceptive and Unfair Trade Practices Act (referred as to...

CONTRACTORS: CONSULT YOUR INSURANCE BROKER REGARDING YOUR CGL POLICY

Posted on 10 February, 2018
Contractors:  do yourself a favor and consult your insurance broker regarding your commercial general liability (CGL) policy.   Do this now, especially if you subcontract out work.   CGL policies contain a “your work” exclusion.  The...

THE INDEMNIFICATION LIMITATION IN SECTION 725.06 DOES NOT APPLY TO UTILITY / HORIZONTAL-TYPE PROJECTS

Posted on 2 February, 2018
One of the most important provisions in construction contracts is the indemnification provision.  Appreciating contractual indemnification obligations are critical and certainly should not be overlooked.  Ever!   Florida Statute s. 725.06 (written about here and

DOCTRINE OF AVOIDABLE CONSEQUENCES AS AFFIRMATIVE DEFENSE

Posted on 27 January, 2018
The doctrine of avoidable consequences is an affirmative defense that can be used in certain property damage lawsuits.  This is a defense that does not go to liability, but it goes to damages.  This doctrine of avoidable consequences defense holds...

BURDEN OF PROOF UNDER ALL-RISK PROPERTY INSURANCE POLICY

Posted on 22 January, 2018
A recent Florida case, Jones v. Federated National Ins. Co., 43 Fla. L. Weekly D164a (Fla. 4th DCA 2018) discusses the burden of proof of an insured in establishing coverage under an all-risk property insurance policy.  Getting right to this critical point, the...