News & Analysis as of

Insurance Industry Florida

Butler Weihmuller Katz Craig LLP

Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Marshall Dennehey

Circuit Court of Appeals Finds Fla. Stat. § 627.70132 Does Not Require Notice of a Supplemental Claim to Include an Estimate of...

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Great Lakes Insurance SE v. Concourse Plaza A Condominium Ass’n, 22-13141, 11th Cir., Apr. 15, 2024 - In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132...more

Marshall Dennehey

Where a Windstorm Loss Occurs During a “Hurricane Occurrence,” the Loss Must Bear at Least Some Causal Nexus With the Hurricane...

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Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024) - In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. The...more

Marshall Dennehey

Florida Statute § 627.70152 Applies to All Insurance Policies, Regardless of the Date of the Policy’s Inception

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Sanchez v. Security First Insurance Co., No. 3D22-1109 (Fla. 3d DCA Mar. 6, 2024) - In March, the Third District Court of Appeals affirmed dismissal of a complaint for its failure to comply with Florida Statute § 627.70152....more

Searcy Denney Scarola Barnhart & Shipley

Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights...more

Butler Weihmuller Katz Craig LLP

New Florida Case Affects Presentable Damages in Homeowner’s Insurance Cases

A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.   In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a...more

Searcy Denney Scarola Barnhart & Shipley

What to Do After a Motorcycle Accident in Florida: A Brief Guide

Riding a motorcycle is a thrilling experience, but it comes with inherent risks. In Florida, like in any other state, motorcycle accidents can happen at any given time and in any given place. That said, knowing what to do in...more

Flaster Greenberg PC

Three Steps You Can Take Now To Ensure Your Insurance Policy Can Weather Florida Hurricane Season

Flaster Greenberg PC on

This year is predicted to be an active hurricane season in Florida and the southeastern United States. If you own property in Florida and other hurricane-prone areas, having the right hurricane insurance in place to protect...more

Marshall Dennehey

Take a Closer Look: The Precise Language of an Out-of-State Coverage Provision Leads To Varying Results

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Key Points: Where the language in an insurance contract is plain and unambiguous, the courts must interpret the terms of the contract according to their plain meaning as written....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations’ Use of Best Efforts to Obtain Insurance

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

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Conditions on Personal Injury Claims in Florida

If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party....more

Searcy Denney Scarola Barnhart & Shipley

Tips for Dealing with Insurance Adjusters After an Injury in Florida

Let’s say you’ve just suffered a personal injury in Florida. This can range from an automobile accident to a dog bite or from breaking a leg on an uneven staircase to a “slip and fall” in a big box store. All of these...more

Marshall Dennehey

Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain

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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

Bilzin Sumberg

Will Construction Insurance Costs Kill Florida’s Real Estate Boom?

Bilzin Sumberg on

The cost of construction insurance in Florida is having developers second-guess their willingness to invest in the Sunshine State, while business leaders are growing concerned that higher insurance costs may slow Florida’s...more

Marshall Dennehey

Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply...

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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

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know After a Car Accident in Florida

Dealing with the aftermath of a car accident is never easy. Even when you are involved in a minor fender-bender, dealing with the insurance companies and getting your car repaired can be a painful and difficult process. But,...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know After a Truck Accident in Florida

Truck accidents often have serious consequences. If you or a loved one has been seriously injured in a truck accident, you could be facing significant and long-term losses. You may be entitled to financial compensation (the...more

Marshall Dennehey

County Court Denies Motion for Leave to File Amended Complaint, Alleging Bad Faith Handling, Based on Insurer’s Confession of...

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Gulf Coast Injury Centers, LLC a/a/o Craig Jorden v. Allstate Ins. Co., County Court, 13th Judicial Circuit Hillsborough County, Case No: 2021-CC-115756 - The instant suit involved a dispute for personal injury protection...more

Searcy Denney Scarola Barnhart & Shipley

What to Expect in a Florida Boating Accident Case

When you go out for a day on the water, the last thing you expect is to end the day dealing with the aftermath of a boating accident. But, these accidents happen far more often than they should, and many boat captains and...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Boating Accident

Proving liability after a boating accident is critical when seeking just compensation for your losses. To file a claim, you need to know who (or what company) is responsible—and you need to be able to prove it to the...more

Searcy Denney Scarola Barnhart & Shipley

How Comparative Fault Impacts Florida Pedestrian Accident Cases

When you get injured in a pedestrian accident, you need to protect yourself against the insurance companies. They are going to do everything they can to pay you as little as possible—and this may include blaming you for your...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Four

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Three

This is the third in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation. The changes were made in Senate Bill 2A and House Bill 837, which became law...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Two

This is the second in a series of four articles analyzing recent changes in Florida law governing bad-faith claims in insurance coverage litigation. The changes were made in Senate Bill 2A and House Bill 837, which became law...more

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