Vincent Fernandez

Butler Weihmuller Katz Craig LLP

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Third District Court Of Appeal Joins Debate Over Retroactive Application Of Florida Statute 627.70152’S Presuit Notice Provision

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District...more

2/21/2024 / Consumer Insurance Products , Financial Services Industry , Florida , Insurance Litigation , Insurance Regulations , Lloyds of London , Policy Terms , Pre-Suit Notice , Retroactive Application

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

Confined to the Four Corners by the Rules of Contract Interpretation

A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company - The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and...more

4/26/2023 / Commercial Insurance Policies , Contract Interpretation , Insurance Claims , Insurance Litigation , Policy Exclusions , Policy Terms

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