Florida Construction Law

Landmark American Insurance Company v. Santa Rosa Beach Development Corp. I, et al,, 37 Fla. L. Weekly D2759a, Case No. 1D11-4882, opinion issued November 30, 2012. Condominium association's claim against developer and contractor for water intrusion damages caused by defective cladding based on warranty provisions of s. 718.203 was resolved by an agreement to make warranty repairs in exchange for full release of liability. When water intrusion problems continued after two hurricanes, association filed claim against developer's insurer, which was denied due to policy exclusion for faulty, inadequate or defective design, workmanship, construction or repair. When association filed suit, insurer filed a third party complaint again developer and contractor, and raised a defense that the warranty repair agreement release also release the insurer. Summary judgment against the insurer was affirmed. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construct...

Panjikaran v. State Farm Florida Insurance Company , 37 Fla. L. Weekly D273a, Case No. 2D10-5841, filed February 1, 2012: Trial court’s summary judgment for insurer was reversed based on disputed issue of coverage for policy’s Building Ordinance or Law endorsement, which required insured to provide an appraisal of damages. (RPPTL Subcommittee Report). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Insurer's claim file was not discoverable in lawsuit based on breach of contract and not bad faith against the insurer.   Gavin's Ace Hardware, inc. v. Federated Mutual Insurance Company , 2011 WL 5104476 (M.D. Fla. 2011).   Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Homeowner’s claim for breach of contract was unsuccessful against an insurer because homeowner failed to meet certain conditions precedent to payment under the policy.  The homeowner failed to submit to an examination under oath and provide requested documents that reflect the amount of the claimed loss.   Edwards v. State Farm , 2011 WL 2496625 (Fla. 3d DCA 2011). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

In WPC Industrial Contractors, Ltd. v. Amerisure Mut. Ins. Co ., 2009 WL 2992569 (S.D. Fla. 2009), the Court held that the insurer had a duty to defend the contractor from a homeowner general liability claim.  The claim was based on damage caused to the home by sewage contamination.  Amerisure argued that the Pollution Exclusion applied thereby negating coverage and defense requirements.  The Court found that the Pollution Exclusion did not specifically address this fact scenario and held that the insurer was required to defend the contractor against the homeowner's claims. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com