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Florida › Construction Defects › Appeals

Segal McCambridge

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

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Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

Shutts & Bowen LLP

You Can’t Run From That Arbitration Covenant Running With The Land

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In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more

White and Williams LLP

Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components

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In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th...more

Troutman Pepper Locke

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

Troutman Pepper Locke on

Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

Robinson+Cole Property Insurance Coverage...

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

Robinson+Cole Property Insurance Coverage... on

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis...more

Carlton Fields

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

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It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

Cozen O'Connor

Florida to Decide What Test Applies When Concurrent Multiple Perils Cause a Loss

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For years, Florida courts have been seesawing between two different doctrines to determine whether there is coverage under a property policy when two perils – one excluded and one included — combine to cause a loss. Two...more

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