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Insurance Litigation Insurance Industry FL Supreme Court

Butler Weihmuller Katz Craig LLP

The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute.  In Buis v....more

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Marshall Dennehey

Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain

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Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more

Rumberger | Kirk

Florida Supreme Court Says Permissive Language of Florida PIP Statute and Policy Provisions Dictate Payment of Medical Expenses by...

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In Florida, personal injury protection (PIP) coverage limits reimbursement of medical charges to 80% of “all reasonable expenses.” What is “reasonable” is generally determined by a statutory schedule of maximum charges...more

Marshall Dennehey

Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes

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On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of...more

Rumberger | Kirk

The Multiple Issues Surrounding Medicare and Past Damages

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What amount of past medical expenses can a plaintiff present to the jury when he or she is a Medicare recipient? The short answer: only the amount of past medical expenses the plaintiff is obligated to pay, not the gross...more

Rivkin Radler LLP

Insurance Update - March 16, 2023

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We bring you our March Insurance Update. As college basketball programs embark on the road to the final four, we select our top four insurance cases from the past month. In a dispute over the priority of coverage, the...more

Cozen O'Connor

Eleventh Circuit (Florida): No Bad Faith for Investigating Claim

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On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had...more

White and Williams LLP

When Can Liability Insurers Sue Appointed Underlying Defense Counsel for Malpractice?

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Insured gets sued. Insurer hires defense counsel to represent insured. Defense counsel takes over the case, and eventually, the case ends. Most of the time, the carrier and its insured will be satisfied with the result. There...more

Wiley Rein LLP

Florida Supreme Court Allows Defending Insurer To Pursue Malpractice Action Against Defense Counsel

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The Florida Supreme Court has held that an insurer with a duty to defend and express subrogation rights had standing to bring a malpractice action against an insured’s defense counsel. Arch Ins. Co. v. Kubicki Draper, LLP,...more

Rumberger | Kirk

Florida Supreme Court: Insurers can Sue Attorneys for Malpractice Under Subrogation Provision

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The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more

Carlton Fields

Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy

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In Citizens Property Insurance Corp. v. Manor House, LLC, the Florida Supreme Court recently answered “no” to the following question certified as a matter of “great public importance”...more

White and Williams LLP

The Complex Insurance Coverage Reporter – A Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five (actually, seven) decisions from the last year that you should know about, and five pending cases—all before state high courts—to keep an eye on. The...more

Cozen O'Connor

The Florida Supreme Court Pushes Florida Bad Faith Standard Closer to Negligence in Harvey v. GEICO Decision

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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

White and Williams LLP

A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims

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In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO for the insurer’s...more

Butler Weihmuller Katz Craig LLP

Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases

Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes....more

Rumberger | Kirk

Chapter 558 Pre-Suit Notice May Trigger an Insurer's Duty to Defend and Indemnify

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The Supreme Court of Florida recently issued an opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), which impacts an insurer’s duty to defend and...more

Rumberger | Kirk

Resolving The Multiple Peril Puzzle In First Party Insurance Claims

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First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more

Butler Weihmuller Katz Craig LLP

Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible for his or her own attorney’s fees, regardless of the outcome of the action. See...more

Butler Weihmuller Katz Craig LLP

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In...

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go forward....more

Butler Weihmuller Katz Craig LLP

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to...more

Butler Weihmuller Katz Craig LLP

Supreme Court says lawyer's referral of client to a doctor for treatment is attorney-client privileged communication, and out of...

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose that her attorney had referred her to a doctor for treatment. In Worley v....more

Butler Weihmuller Katz Craig LLP

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,...more

Carlton Fields

Insurable Interest Found in Life Insurance Policies Procured by Investors Through Fraudulent STOLI Scheme

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The Florida Supreme Court recently held that life insurance policies procured by investors through a STOLI scheme did not violate Florida’s insurable interest statute and could not be challenged after the two-year...more

Pillsbury - Gravel2Gavel Construction & Real...

Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage...more

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