On April 7, 2015, a federal appellate court issued a critical opinion on insurance coverage for construction-defect cases. In Carithers v. Mid-Continent Casualty Company, the Eleventh Circuit held that (1) the duty to defend is triggered unless there is certainty (factual and legal) that no coverage exists; (2) there is coverage under a contractor’s commercial general liability policy for property damage caused by one subcontractor’s work to another subcontractors work; and (3) “rip and tear” costs are covered “property damage.” Continue Reading Eleventh Circuit Provides Critical Path to Defense and Indemnity
Evan Small litigates cases in both state and federal courts on matters involving construction defect, commercial litigation, insurance coverage, and products liability cases. He has represented Fortune 500 corporations and insurance companies in claims up to $100 million.
Construction defect litigators in Florida are regularly tasked with triggering insurance coverage for contractors and subcontractors regardless of whom the client is. It is commonplace in multi-party construction defect litigation for a lawyer to determine the best course of action in maximizing insurance recovery for its clients where the insured fails to appear in court (known as being “in default”). The decision process becomes more difficult if the attorney is aware that the defaulted party has insurance coverage. Continue Reading New Florida Case – Insurer’s Duty in Event of Default