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The Impact of the Marketable Title Record Act on Homeowners’ and Community Associations’ Declarations of Covenants, Conditions and Restrictions (March Litigation Quarterly 2009)

March 1, 2009
Pursuant to Florida law, the Marketable Title Record Act (“MRTA”) was created via the enactment of Chapter 712, Florida Statutes.  Pursuant to Florida Statute Section 712.02:“Any person having the legal[...]

Trigger of Coverage In Construction Defect Cases (March Litigation Quarterly 2009)

March 1, 2009
 It is well-established that in order to trigger coverage under an insurance policy, “the accident or injury must occur    during the time period of coverage; or stated otherwise, no liability[...]

When can a Franchisor be Liable for the Actions of a Franchisee (March Litigation Quarterly 2009)

March 1, 2009
By its very definition, a franchisee is an independent business separate from its franchisor.1 However, even though a franchisee is an independent business, its franchisor can still be liable for[...]

No Longer In Denial: A Brief Discussion on the Florida Supreme Court's Expansion of Coverage for Construction Defects to CGL Policies (January 2009 Litigation Quarterly)

January 14, 2009
Florida’s Supreme Court recently handed down two rulings which, in the context of construction defects litigation, will have widespread impact on both insurers and policyholders alike. U.S. Fire Ins. Co.[...]

No Longer In Denial: A Brief Discussion on the Florida Supreme Court’s Expansion of Coverage for Construction Defects to CGL Policies (January 2009 Litigation Quarterly)

January 1, 2009
Florida’s Supreme Court recently handed down two rulings which, in the context of construction defects litigation, will have widespread impact on both insurers and policyholders alike. U.S. Fire Ins. Co.[...]

December Litigation Quarterly 2008

December 18, 2008
Quarterly December 2008[caption id="attachment_1457" align="alignleft" width="150"] December 2008[/caption]

Florida Supreme Court Affirms "Patients' Right to Know" (December Litigation Quarterly 2008)

December 14, 2008
On March 6, 2008, the Florida Supreme Court sided with patients and consumers in allowing them to examine records on past adverse medical incidents.   The Florida Supreme Court, in reviewing[...]

The Federally Supported Health Centers Assistance Act and Insurance Coverage (December Litigation Quarterly 2008)

December 1, 2008
The Federally Supported Health Centers Assistance Act (“Act”) allows the United States to “deem” actors, agencies and employees to be part of the Public Health Service (“PHS”).  Such “deemed” actors[...]

Medicare Compliance Alert: (December Litigation Quarterly 2008)

December 1, 2008
What Liability Insurers, No-Fault Insurers, Self Insurers And Workers’  Compensation Carriers Need To Know About The Medicare Secondary Payer Statute’s Reporting RequirementsOn July 1, 2009, the Medicare Secondary Payer Act[...]

Non-Delegable Duties of Hospital (December Litigation Quarterly 2008)

December 1, 2008 | Genevieve Rupelli
A new strategy that Plaintiffs are employing, in an attempt to hold hospital surgical centers actively liable, is to contend that pursuant to the applicable common, statutory, and licensing laws[...]

Release of All Claims: (December Litigation Quarterly 2008)

December 1, 2008
Mutual MistakeOnce a settlement is reached, the tortfeasor who has settled with the victim will usually request that the victim sign a Release of All Claims. There are circumstances where[...]

Florida Supreme Court Affirms “Patients’ Right to Know” (December Litigation Quarterly 2008)

December 1, 2008
On March 6, 2008, the Florida Supreme Court sided with patients and consumers in allowing them to examine records on past adverse medical incidents. The Florida Supreme Court, in reviewing[...]