News & Analysis as of

Florida Breach of Contract Insurance Litigation

Cozen O'Connor

Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs

Cozen O'Connor on

In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more

Marshall Dennehey

Florida Statute § 627.70152 Applies to All Insurance Policies, Regardless of the Date of the Policy’s Inception

Marshall Dennehey on

Sanchez v. Security First Insurance Co., No. 3D22-1109 (Fla. 3d DCA Mar. 6, 2024) - In March, the Third District Court of Appeals affirmed dismissal of a complaint for its failure to comply with Florida Statute § 627.70152....more

Marshall Dennehey

Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain

Marshall Dennehey on

The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more

Marshall Dennehey

Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply...

Marshall Dennehey on

In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply...more

Wiley Rein LLP

Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position

Wiley Rein LLP on

The United States District Court for the Southern District of Florida, applying Florida law, denied an excess insurer’s motion to dismiss an estoppel claim where the insurer reversed its coverage position on which the insured...more

Butler Weihmuller Katz Craig LLP

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole...more

Butler Weihmuller Katz Craig LLP

New Florida Law Allows Carriers to Serve Joint Offers and Proposals

On December 16, 2022, Florida’s Governor signed Senate Bill 2A into law, bringing a number of changes to Florida’s insurance litigation landscape. These reforms include an amendment to the Florida law governing offers of...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

Cozen O'Connor on

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

Rumberger | Kirk

Legal Update: Recent Changes to Florida Insurance Law and Its Effect on Litigation

Rumberger | Kirk on

It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more

Cozen O'Connor

Florida Property Insurance Reform Round Three Brings Big Changes

Cozen O'Connor on

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

Butler Weihmuller Katz Craig LLP

Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims

Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state...more

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