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 two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what...more
The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the...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 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 Eleventh Circuit, in J.P.F.D. Investment Corp. v. United Specialty Insurance Co., recently affirmed a district court’s denial of statutory attorneys’ fees to a policyholder that, to resolve a disagreement over the amount...more