The decisions
- Christopher Cates and Joy Cates v. Ken Sarbu Construction Company, Inc. (5th DCA, September 10, 2026) — Confirms that a net monetary award does not alone make a party the prevailing party for fees. Trial courts must apply the significant-issues test. Read it →
- Florida Department of Environmental Protection v. City of Miami Beach (3rd DCA, September 2, 2026) — Confirms that indemnity claims may be pleaded early but not adjudicated before underlying liability is fixed, and that unverified pleadings cannot establish the liability theory on summary judgment. Read it →
- Bridgefield Casualty Insurance Company v. The Cincinnati Insurance Company (M.D. Fla., September 1, 2026) — A federal trial court held that an insurer settling a claim for its own breach of the duty to defend and indemnify cannot obtain equitable subrogation or contribution from a co-insurer. Read it →
The practical upshot
- In split-result contract disputes, build the fee record around the significant issues tried, not only around who obtained a net monetary award.
- Oppose summary judgment on indemnity claims until underlying liability is adjudicated or settled and paid. Object when a movant relies on unverified pleadings as evidence.
- Before an insurer settles a Coblentz-based claim, assess whether payment discharges its own breach, which may foreclose subrogation or contribution against other carriers.
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