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 (\u00a7 95.11(3)(c)) governs, not the two-year professional malpractice period (\u00a7 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.
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