Florida Insurance Matters is a monthly update on Florida Insurance Defense Litigation-related developments by the Colodny Fass Insurance Litigation Practice, recognized as the “Insurance Litigation Department of the Year in South Florida” by the Daily Business Review.
Florida Supreme Court Refuses to Consider Case Involving General Contractor’s Overhead and Profit
The Florida Supreme Court initially agreed to consider a dispute regarding when an insurer is liable for a general contractor’s overhead and profit. The insured filed suit to recover the value of damaged cabinets in a covered loss and to recover the general contractor’s overhead and profit. The trial judge held that, as a matter of law, the insurer was obligated to pay for the general contractor’s overhead and profit.
But the appellate court reversed and held the insurer had the right to argue to a jury that a general contractor was not “reasonable and necessary” and relied on Trinidad v. Florida Peninsula. The insured requested that the Florida Supreme Court clarify what type of evidence is needed to create a “fact question” on the issue of when an insured is “reasonably likely” to need a general contractor.
The Florida Supreme Court, however, changed its mind and decided not to hear the issue.
Link to Case: Gal. v. Prepared Ins. Co. (Nov. 16, 2017)
Colodny Fass Florida Insurance Lawyers’ Take on This Case:
- If you contend a general contractor is not necessary, consider who will testify to support such position – a general contractor, or some other construction expert?
- Pick your experts with care; the experience and skills of the expert on a particular subject matter can make all the difference.
About Amy L. Koltnow
Amy L. Koltnow, a Colodny Fass Shareholder, focuses her practice on insurance disputes from trial through appeals. She has represented insurance companies in federal and state courts, as well as in mediation and administrative forums. Ms. Koltnow oversees complex litigation matters and has successfully defended numerous class actions and insurance bad faith cases. She is a member of the Claims and Litigation Management Alliance, a national, invitation-only organization committed to furthering high standards of litigation and claims management in pursuit of client defense.
To view Ms. Koltnow’s complete professional biography, click here.