American Automobile Insurance Company v. FDH Infrastructure Services, LLC
Insurers who paid claims arising from a fatal tower-antenna rigging failure sued the engineering firm that performed the pre-construction structural/rigging analysis, seeking equitable and contractual subrogation. The Third District held the four-year limitation for actions founded on the design, planning, or construction of an improvement to real property (§ 95.11(3)(c)) governs, not the two-year professional malpractice period (§ 95.11(4)(a)), reversing summary judgment on those claims. The court also held that a release is not always a prerequisite to an equitable subrogation action, while affirming summary judgment on the workers' compensation-related claims.
Key facts
- American Automobile Insurance Company and other insurers paid claims arising from a fatal failure during tower-antenna rigging work and sued engineering firm FDH Infrastructure Services, LLC, which had performed pre-construction structural analysis and rigging plan evaluation.
- The trial court granted summary judgment against the insurers on their equitable and contractual subrogation claims, apparently applying the two-year professional malpractice statute of limitations.
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Why it matters
This decision gives construction and insurance litigators a clear Third District holding that the four-year construction limitation period, rather than the two-year professional malpractice period, controls claims… — full analysis with a trial
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