Samantha Wuschke

Tallahassee Associate Samantha Wushcke recently authored an article titled "Tipsy Coachman Trends Requiring Appellee Preservation" for the Florida Bar website, where she addresses recent trends in Florida’s intermediate appellate courts applying the tipsy coachman doctrine to affirm on alternative bases decisions by lower courts that are “right for the wrong reasons.” This article first a...

Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability policy’s Professional Services exclusion, the U.S. Eleventh Circuit Court of Appeals has held. In Colony Insurance Company v. Coastal Construction Management, LLC, et ...

The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer's duties to defend and indemnify are separate and distinct. Indeed, a finding by a court that an insurer is obligated to defend its insured against the allegations in an underlying complaint does not mean that it must also indemnify its ins...

  Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim. The Fourth District Court of Appeal recently held that plaintiffs are not entitled to attorney’s fees if a...

We want to extend a warm welcome to our newest attorneys Ray Ayres, Amy Fuertes, Jamal McBroom, Samantha Wuschke, and Ashley Powell. Click their bios above to learn more about them....