The Supreme Court of Alabama addressed “occurrences” that trigger coverage in a construction defect case. A project owner sued the contractor for faulty workmanship. The contractor’s commercial general liability policy covered “bodily injury” and “property damage” only if “[t]he ‘bodily injury’ or ‘property damage’ is caused by an ‘occurrence.’” The CGL insurer, originally having defended […]
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ALABAMA – Contracts – Arbitration and plain meaning
When a contract is unambiguous, Alabama courts will apply the plain meaning interpretation to determine contract terms. The Alabama Supreme Court recently affirmed a trial court’s decision from Pike County Circuit Court denying the Defendant’s Motion to Stay Proceedings and Compel Arbitration. The parties first entered into a Licensing Agreement containing a valid arbitration […]
FLORIDA – Arbitration – Waiver of the right
Florida’s Fifth District Court of Appeal recently affirmed a trial court’s non-final order denying a motion to compel arbitration. The Court held that the appellant had waived the right to arbitration by engaging in discovery of the merits of the underlying case. In a negligence action against an assisted living facility, the appellants filed a […]
FLORIDA – Workers’ Compensation – Independent Medical Examination
Florida’s First District Court of Appeal, in a workers’ compensation case, ruled that the claimant’s Independent Medical Examination must be excluded without proper notice. Specifically, the Court held that if notice of the IME is not provided to all parties within fifteen days of the examination, the IME must be excluded from any proceeding before […]
MISSISSIPPI – Premises Liability – Third-party assault
Howard filed a negligence action against Rolin Enterprises LLC and others after a fight outside the Claiborne County Convention Center. Two defendants filed a motion for summary judgment. The Claiborne County Circuit Court granted the motion and the Court of Appeals affirmed. It is unclear who rented the Convention Center following the Alcorn State football […]