Luther, Collier, Hodges & Cash, LLP – Attorneys at Law

Rock You Like A Hurricane State Farm Florida Insurance Company v. Moody Damage caused by tornados and other meteorological events occurring as a result of a hurricane system fall within hurricane coverage endorsements found in many Florida insurance policies. In early December, the Florida Fourth District Court of Appeal issued a ruling favoring insurance companies […]

Liar, Liar…No Minimum Coverage? Safeway Insurance Company v. Dukes et al If policy holder makes a false or material misrepresentation on application, entire policy may be void and the statutory minimum does not have to be covered. In this case, Safeway Insurance issued the plaintiff an automobile insurance policy for her car. The plaintiff’s boyfriend […]

Always Arbitration Federal Insurance Company v. Kert Reedstrom Alabama Supreme Court again reverses denial of Motion to Compel Arbitration. Plaintiff entered into a written employment agreement whereby he would serve as executive director of a Mental Health Board. While Plaintiff was employed, the Mental Health Board held an insurance policy that protected certain officers and […]

Move It, or Lose It Hanco Corporation v. Goldman Defendant did not assert workers compensation defense in a timely manner and lost the exclusive remedy In Hanco Corporation v. Goldman, the Plaintiff’s husband was killed in a work accident where three workers were buried alive underneath dirt and claim while installing a sewer line. The decedent worker was […]

That’s Right… There Is More Time to Sue! Cypress Fairway Condo. v. Bergeron Const. Co. Inc. Florida Court Clarifies Statue of Repose for Construction Defect Claims Recently the Florida Fifth District Court of Appeal addressed whether a construction contract is complete under section 95.11(3)(c), Florida Statutes on the date the final application for payment is made or […]

Arbitration Unavoidable Ameriprise Financial Services, Inc., and Robert Shackleford v. Paul D. Jones and Eleanor G. Jones. Arbitration compelled where claims dependent on the contract containing arbitration provision. In Ameriprise, the petitioner sought reversal of the trial court’s refusal to compel arbitration of the plaintiffs’ tort-of-outrage claim. At issue was an agreement between the defendant and decedent Charles […]

Divided Alabama Supreme Court Resolves Unusual Case Without Opinion March 27, 2015: In Yamaha Motor Corporation, U.S.A., et al., v. Jacklyn McMahon, on appeal from the Montgomery Circuit Court (1121542; CV-08-00360), Justice Parker delivered the 5-4 decision of the Alabama Supreme Court: “AFFIRMED. NO OPINION.” Justice Bolin’s dissent was instructive. In McMahon v. Yamaha Motor […]

Mississippi Lien Law In 2014, Mississippi enacted new laws concerning construction liens against real property. See Mississippi Code of 1972 Annotated § 85-7-401, et seq. The grounds and procedure for establishing construction liens against real property are outlined below. 1. Who may claim a lien? Persons furnishing labor, services or materials with respect to real […]

CONTRACTOR’S INJURED WORKERS UNABLE TO RECOVER FROM CITY Hill, et al. v. City of Horn Lake, Mississippi, 2015 Miss. LEXIS 15 (Miss. 2015) The Mississippi Supreme Court recently upheld summary judgment in favor of a city which had been sued under both a respondeat superior theory and for negligent hiring. See Hill, et al. v. City of […]

SHOW YOUR WORK: FLORIDA APPELLATE COURT REINFORCES NEW BAN ON “PURE OPINION” EXPERT TESTIMONY Giaimo v. Florida Autosport, Inc., et al., 39 Fla. L. Weekly D2484a (Fla. 1st DCA 2014) Florida’s First DCA recently reversed a decision of the JCC regarding apportionment of damages due to a 2013 legislative change regarding expert opinion testimony. See Giaimo […]