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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

Order Denying Motion to Dismiss under Florida’s Notice of Intent Statute Reviewable by Certiorari

Florida’s Third District Court of Appeal recently exercised its discretionary jurisdiction and granted review of an order denying a carrier’s motion to dismiss under Florida’s statute requiring notice of an intent to initiate...more

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

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