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
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
Evolving climate change data presents an ominous trend that has the potential to upend historical assumptions of actuarial science. For example, in the last several years global risk markets have weathered historically...more
7/23/2021
/ Business Judgment Rule ,
Climate Change ,
Commercial General Liability Policies ,
D&O Insurance ,
Greenwashing ,
Insurance Industry ,
Natural Disasters ,
Policy Exclusions ,
Popular ,
Property Insurance ,
Securities and Exchange Commission (SEC) ,
Severe Weather
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
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 the wake of the Coronavirus (COVID-19) pandemic, countless businesses have reduced or closed operations—some permanently. Flights have been canceled, hotels and restaurants have closed, and employees have been told to stay...more
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 Legislature recently created a right of contribution among liability insurers for defense costs. Prior to the enactment of this legislation, it was long the law in Florida that there was no right to contribution...more
Law enforcement in Miami-Dade County, Florida recently arrested nine individuals described by Florida Chief Financial Officer Jimmy Patronis as the “ringleaders of an elaborate fraud scheme” led by Barbara Maria Diaz de...more
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
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
On December 1, 2016, the Florida Supreme Court held in an insurance coverage case that “when independent perils converge and no single cause can be considered the sole or proximate cause, it is appropriate to apply the...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
Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed a claim with his uninsured/underinsured (UM) insurance carrier (Insurer) for the $50,000 limits of...more
In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...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
On Wednesday, Florida’s Fourth District Court of Appeal issued an opinion concerning the prerequisites for bringing bad faith claims in Florida. In an en banc ruling, the Court held in Cammarata v. State Farm Florida Ins....more