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
It will come as no surprise to subrogation professionals that retaining evidence for future inspection is essential to successfully prosecuting a subrogation claim. ...more
Lawyers and insurance industry professionals are undoubtedly familiar with motions for summary judgment. For years, Florida state courts have followed their own summary judgment standard. While similar to the rule followed by...more
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
When considering a claim’s subrogation potential, insurance carriers are often confronted with contractual waivers of subrogation that potentially bar the claim. One of the most common waivers carriers face are those...more
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
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
Insurers pursuing subrogation claims in Florida often find that evidence necessary to establish their claim is in the possession of an adverse party. To discourage the destruction of evidence, Florida Rule of Civil Procedure...more
Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a...more
It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor...more