When drafting a contract, aim to avoid court but prepare as if litigation is inevitable. In commercial transactions and disputes, the crux of a case often hinges on the details of the agreements. The following are common contractual conundrums and practice tips for addressing them. We hope this article will help you in understanding the...

Florida Statute Section 624.155(6) is a significant provision affecting subrogation in Florida. This statute, enacted as part of a broader tort reform package in March 2023, addresses the complexities liability insurers face when dealing with multiple claimants with competing claims that exceed policy limits. Prior to the enactment of Florida Statute Section 624.155(6), liability insurers...

Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...