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
In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more
1/22/2021
/ Bad Faith ,
Breach of Contract ,
Consequential Damages ,
Denial of Insurance Coverage ,
First-Party Coverage ,
FL Supreme Court ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Statutory Interpretation
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
In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more
In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the...more
11/20/2019
/ Bad Faith ,
Defense Strategies ,
Discovery ,
Federal Rules of Civil Procedure ,
FRCP 26 ,
Insurance Industry ,
Insurance Litigation ,
Litigation Strategies ,
Plausibility Standard ,
Pleading Standards ,
Twombly/Iqbal Pleading Standard
Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company - traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek...more
The Florida Supreme Court recently decided Harvey v. GEICO Gen. Ins. Co., No. SC17-85, 2018 WL 4496566, at *1 (Fla. Sept. 20, 2018), an important case setting forth what many will try to argue has lessened the standard for...more
10/24/2018
/ Auto Insurance ,
Bad Faith ,
Car Accident ,
Damages ,
FL Supreme Court ,
GEICO ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Limits ,
Wrongful Death
The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more
Insurance companies that write property risks in Florida are getting in line to request approval from the Office of Insurance Regulation (OIR) for two key policy revisions intended to control losses from a water damage...more
Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.” The definition of “coverage defense”...more