From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional...more
Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims...more
For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more
12/16/2022
/ Arbitration ,
Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Flood Insurance ,
Florida ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insurance Reform ,
Insurance Regulations ,
Property Insurance ,
Unfair or Deceptive Trade Practices
For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more
6/1/2022
/ Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Contractors ,
Florida ,
Insurance Claims ,
Insurance Litigation ,
Insurance Reform ,
Insurance Regulations ,
Pre-Suit Notice ,
Property Insurance
Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. ...more
As a general rule, an insurer’s duty to defend arises under Florida law when the allegations of the complaint against the insured “fairly and potentially bring the suit within policy coverage.” Jones v. Fla. Ins. Guar. Ass’n,...more
11/11/2020
/ Bodily Injury ,
Boilerplate Language ,
Commercial General Liability Policies ,
Construction Project ,
Denial of Insurance Coverage ,
Duty to Defend ,
Florida ,
Four-Corners Rule ,
Insurance Litigation ,
Policy Terms ,
Real Estate Development ,
Renovations
This week, after 7 years of failed efforts, the Florida Legislature passed a meaningful Assignment of Benefits (“AOB”) reform bill. Florida Governor Ron DeSantis announced yesterday that he would sign the legislation...more