Vincent Fernandez

Butler Weihmuller Katz Craig LLP

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Timing is Everything: Changes to Florida’s ‘Proposal for Settlement’ Rule Inapplicable to Proposals Made Before the Rule Changes...

Proposals for settlement are a litigation tool highly favored by Florida courts to resolve cases. They are governed by section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442....more

9/11/2025 / Appellate Courts , Attorney's Fees , Florida , Insurance Litigation , Litigation Strategies , New Amendments , Property Insurance , Settlement , Statutory Interpretation

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

9/5/2023 / Attorney's Fees , Consumer Insurance Products , Florida , Insurance Claims , Insurance Litigation , Insurance Regulations , Policy Limits , Policy Terms , Property Damage , Property Insurance

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole...more

5/4/2023 / Attorney's Fees , Breach of Contract , Condition Precedent , Florida , Homeowner's Insurance , Insurance Claims , Insurance Litigation , Insurance Regulations , Pre-Suit Notice , Statutory Interpretation

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