It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more
4/10/2025
/ Attorney's Fees ,
Breach of Contract ,
Florida ,
Good Faith ,
Insurance Litigation ,
Insurance Rates ,
Insurance Regulations ,
Mediation ,
New Legislation ,
Property Insurance ,
Reporting Requirements ,
Statutory Interpretation
Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more
9/13/2024
/ Attorney Malpractice ,
Breach of Contract ,
Breach of Duty ,
Conflicts of Interest ,
Corrective Actions ,
Estoppel ,
Fiduciary Duty ,
Liability ,
Malpractice Insurance ,
Mediation ,
Medical Malpractice ,
Professional Disciplinary Actions ,
Professional Liability ,
Risk Mitigation ,
Settlement Agreements
The Florida Third District Court of Appeal recently ruled that the trial court did not abuse its discretion in striking Plaintiff’s causation expert in a medical malpractice case. In Berta Fertil v. University of Miami,...more
The Florida legislature enacted changes to increase transparency throughout the claims handling process that went into effect in January 2023. In this Legally Qualified podcast episode, RumbergerKirk attorneys Allan Rotlewicz...more
The Florida Legislature passed Senate Bill 2-A (“SB2A” or the “Act”), which was signed into law on December 16, 2022. The Act has the potential to significantly reduce litigation of first party property cases in the state of...more
12/16/2022
/ Appraisal ,
Assignment of Benefits (AOB) ,
Attorney's Fees ,
Bad Faith ,
Deadlines ,
Florida ,
Insurance Claims ,
Insurance Reform ,
Investigations ,
Mandatory Arbitration ,
New Legislation ,
Proof of Loss ,
Property Insurance
Given the rise of cast iron pipe lawsuits in the state of Florida, RumbergerKirk’s recent summary judgment victory upholding a carrier’s limited water damage endorsement is a welcomed change for insurance carriers. It is the...more
Chances are, if you live in Florida, you have seen a billboard or heard an advertisement about water damage or pipe lawsuits. For some time, insureds have filed claims and lawsuits alleging repair costs that frequently...more
The Florida Legislature passed House Bill 7065 (“HB 7065” or the “Act”), which takes effect today, July 1, 2019, as Section 627.7152, Florida Statutes. The Act regulates post-loss assignment of benefits (“AOB”) contracts...more
7/1/2019
/ Assignees ,
Assignment of Benefits (AOB) ,
Attorney's Fees ,
Burden-Shifting ,
Fee-Shifting ,
Florida ,
Insurance Claims ,
Insurance Regulations ,
New Legislation ,
Property Insurance ,
State and Local Government
Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more
10/8/2018
/ Bright-Line Rule ,
De Novo Standard of Review ,
Discovery ,
Dismissal With Prejudice ,
Expert Testimony ,
Florida ,
Health Care Providers ,
Medical Malpractice ,
Negligence ,
Physicians ,
Standard of Review ,
State and Local Government ,
Statutory Requirements