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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
A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits. Â In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a...more
Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates...more
The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more
In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply...more
This is the final in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation made in Senate Bill 2A and House Bill 837, which became law in December 2022...more
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
A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the...more
The Florida Office of Insurance Regulation has issued an important memorandum to the insurance industry about the new Florida law that requires each authorized residential property insurer to submit, annually, an attestation...more
On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now...more
From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional...more
Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims...more
Between 2017 and 2022, 11 property & casualty insurers domiciled in Florida were declared insolvent and placed into liquidation. In an attempt to restore stability to the marketplace, Governor Ron DeSantis issued a...more
On December 16, 2022, Florida’s Governor signed Senate Bill 2A into law, bringing a number of changes to Florida’s insurance litigation landscape. These reforms include an amendment to the Florida law governing offers of...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
For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more
Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs. Though many of these claims were legitimate, enterprising...more
Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon. The areas where Ian...more
Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though...more
​​​​​​​The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory...more
It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more
Satellite and mapping imagery has an important role in the litigation of property insurance claims, from its use to question a witness under oath, its use as a demonstrative aid at trial, to even being admitted into evidence...more
Key Takeaways - Changes to property insurance and reinsurance signed into law on May 26 create the Reinsurance to Assist Policyholders program (RAP), which is backed by $2 billion and seeks to assist insurance companies...more
For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more