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Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more

Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is...more

Aggravation Time is Not Money in Florida

We’ve all heard the phrase: Time is Money. Sometimes, this phrase pops up in strange ways in a subrogation investigation. One example is when the insured wants to be paid for his or her time following a loss. ...more

Game of Experts: A Song of Frye & Daubert in Florida State Courts

Spoiler Alert: This Alert may reveal spoilers from Game of Thrones. In November 2018, we reported that the Florida Supreme Court inDelisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018), found that “Frye, not Daubert, is the...more

That Just Happened! Florida Returns to the Frye Expert Standard

The ongoing debate in Florida over which expert standard — the Daubert standard or the Frye standard — for admitting expert testimony has now been resolved by the Florida Supreme Court. On October 15, 2018, in Delisle v....more

Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose

Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an...more

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure...

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more

Cozen Comics, The Flame, Vol. 1, Chapters 1-4, The Subro Recovery

We have all seen the Herculean deeds of a superhero on television or in the movies. They knock over buildings, use buses as weapons and generally cause super-sized amounts of property damage. Have you ever wondered who pays...more

10/25/2013  /  Property Damage , Subrogation
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