General Liability and Additional Insureds

“University of Miami v. Great American Assurance Company, 38 Fla. L. Weekly D392a, Case No. 3D09-2010, filed February 2013.  Order of summary judgment in favor of insurer regarding indemnification of attorney’s fees and costs based on beach of insurance policy and bad faith was reversed in favor of the “additional named” party to the commercial…

Trent Cotney Presents Seminar on OSHA Inspections and Citations

Trent Cotney of Trent Cotney, P.A. in Tampa, Florida will be presenting a CILB contractor continuing education seminar entitled “OSHA Inspection and Citation Process” on April 23, 2013 for the Education Institute of Florida. The seminar is designed to inform and teach contractors and design professionals how to improve workplace safety programs; what to expect…

Statute of Limitations and Relation Back Doctrine

“Bernardo Kopel v. Leon Kopel, 38 Fla. L. Weekly ‘D666a, Case No. 3D11-536, filed March 20, 2013. Trial court judgment based on amended complaint that alleged a new cause of action barred by the statutes of limitation was reversed based on the non-applicability of the “relation back” doctrine. In addition, a claim of unjust enrichment…

Trent Cotney Recognized in Chambers USA

Trent Cotney of Trent Cotney, P.A. in Tampa, Florida was named to Chambers USA — “America’s Leading Lawyers for Business” for Construction Law (2013). Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout America. The research is in-depth and client focused and the guide is read by industry-leading…

Insurance and Mediation

Fernando Subirats v. Fidelity National Property, 38 Fla. L. Weekly D396a, Case No. 3D12-68, filed February 20, 2013: The Department of Financial Services was found to have exceeded its rulemaking authority by enacting Rule 69J-166.031, F.A.C., requiring an insurer to notify its insured within five (5) days of receiving a claim of the right to…

Attorney’s Fees and Arbitration

Jay Raubvogel, et. al., v. Credit Suisse Securities, 38 Fla.L. Weekly, Case No. 4D12-259, issued February 20, 2013: The trial court’s finding that the prevailing parties had waived the right to have the court determine attorney’s fees was reversed in the absence of any such express waiver, not merely implied by a request for fees…

Monumental Economic Loss Rule Case

Tiara Condominium Association, Inc., v. Marsh & McLennan Companies, Inc., 38 Fla. L. Weekly S151a, Supreme Court of Florida, Case No SC10-1022, filed March 7, 2013. In a 5-2 opinion (Polston and Canady dissenting in separate opinions and Justice Pariente concurring in a separate opinion), the court responded in the negative to a re-stated certified…

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