The latest in a series of decisions by the 11th Circuit Court of Appeals confirms an insurers duty to defend contractors against complaints of defective work and damages during construction. The three appeals, stretching from 2019 through 2024, provide a lot of insight into the importance of the allegations of the complaint, how coverage can be affected by them, and the breadth of the duty to defend even where coverage may be questionable.
Read moreFlorida Court Confirms Estimate Attached to Assignment of Benefits Must be Job Specific
A recent Third District Court of Appeal decision reiterates the level of detail required in a written, itemized, per-unit cost estimate that must be provided when using an assignment of benefits. While the use of assignments of benefits for disaster recovery work has essentially been eliminated for future policies, there are still many claims out there arising under previously issued policies and many assignments of benefits still in place.
Read moreNew Decision Shows Risks of Performing Disaster Recovery Work Under a Builder's Risk Policy
The court granted summary judgment and declined to find coverage under the specific terms of a builders’ risk policy for vandalism and water damage to a building where the policy was in effect, but work had not begun.
Read moreNew Court Decision Clarifies That Preferred Contractors Named in Insurance Policies Can Hire Subcontractors Where Required by Licensing Laws
A recent Fourth District Court of Appeal decision clarifies that a specific contractor named to perform repairs in an insurance policy also includes necessary subcontractors, at least where the contractor’s license requires them to subcontract a portion of their work. The case provides clear interpretation of Chapter 489, Florida Statutes, and clarifies that contractors should be allowed to hire required subcontractors even where the contract does not expressly allow it.
Read moreFlorida Court Affirms Dismissal of Company's Lawsuit For Failing to Comply with Assignment of Benefits Statute Despite Contract Language Disclaiming Application of Statute.
Recently Florida’s Second District Court of Appeal concluded that an assignment of benefits agreement executed in conjunction with indoor environmental and air quality testing services fit within Florida’s Assignment of Benefits Statute despite the services not directly involving physical protection, repairs, or restoration. This resulted in a dismissal of the air quality companies lawsuit against the the insurance carrier, and illustrates how broadly courts are interpreting 627.7152, Florida Statutes, and how careful restoration companies and their affiliates must be in complying with its terms.
Read moreCourt Holds Second Roofing Contractor Did Not Interfere with First Roofing Contractor's Contract By Submitting Bid for Same Work
At the end of July, the 11th Circuit Court of Appeals affirmed the dismissal of a roofing contractor’s complaint against another roofing contractor for allegedly interfering with its contract with a condominium association for roof repairs relating to Hurricane Irma. The case illustrates the importance of timing and advancing work related to insurance claims and should serve as a warning to those that regularly wait on insurance payments before beginning work.
Read morePublic Adjusters who Receive a Portion of an Insured's Appraisal Award Cannot Serve as an Appraiser for that Award
In a decision released earlier this week, the Second District Court of Appeal held that a public adjuster who has an interest in a percentage of an insured’s appraisal award or represents an insured in the appraisal process cannot also serve as a “disinterested appraiser” under the policy’s appraisal provision.
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