Third-Party Complaint Must Allege Claim for Indemnification, Subrogation, or Contribution

Must a third-party complaint include a claim for indemnification, subrogation, or contribution arising from the underlying complaint? A recent Fourth District Court of Appeal case, relying on a case from the Second District Court of Appeal, confirmed it did when it reversed final judgment against a third-party defendant due to an improper third-party complaint. Below is the applicable language relating to third-party complaints: Rule 1.180 governs third party complaint practice. That rule provides: At any time after commencement of the action a defendant may have a summons and complaint served on a person not a party to the action who is or may...

11 July

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Discussion on the Difference Between Replacement Cost Value and Fair Market Value

Posted by David Adelstein

in Trial Perspectives

This post discusses an interesting, but fairly complex decision dealing with the difference between replacement cost value and fair market value (actual cost value). The decision also discusses the set-off when suing a defendant after being paid the replacement cost value limit under the policy. In Five Solas, Inc. v. Ram Realty Services, LLC, 46 Fla.L.Weekly D1255a (Fla. 4th DCA 2021), a brick wall collapsed falling on a neighboring building damaging the building and rendering it untenantable. The owner of the building had a replacement cost value property insurance policy with a liability limit and deductible. The insurer paid the liability limit...

24 February

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Reversing Motion to Dismiss with Prejudice Based on Interpretation of Commercial Lease

Posted by David Adelstein

in Standard of Review, Trial Perspectives

“’In determining the merits of a motion to dismiss, the trial court must limit itself to the four corners of the complaint, including any attached or incorporated exhibits, assuming the allegations in the complaint to be true and construing all reasonable inferences therefrom in favor of the non-moving party.”Zurich Am. Ins. Co. v. Puccini, LLC, 2019 WL 454222, *1 (Fla. 3d DCA 2019) (citation omitted). The standard of review associated with reviewing a trial court’s order granting a motion to dismiss with prejudice is de novo. Id. In Puccini, a commercial tenant operating a restaurant caused a fire. The fire...

22 April

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Summary Judgment Entered in Favor of Defendant on Equitable Subrogation Claim

Posted by David Adelstein

in Appeal, Trial Perspectives

I recently wrote an article how there are times when a party is seeking reimbursement for solely economic losses, their best recourse is an equitable subrogation claim. The article also discusses the application of equitable subrogation dealing with an actual fact pattern. Equitable subrogation, you say? In an equitable subrogation claim, a party pays for damages (or a debt) it believes were caused by another party. The party then pursues reimbursement against the party it believes primarily responsible for the damages or debt. No one wants to pay for damages or a debt it believes were caused by a third...