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Retroactive Application Insurance Litigation

Rumberger | Kirk

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

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The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more

Butler Weihmuller Katz Craig LLP

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

Carlton Fields

No Saving Grace for Policyholders

Carlton Fields on

In McHugh v. Protective Life Insurance, the California Court of Appeal held that a statute requiring 60-day grace periods for term life insurance policies did not apply retroactively. ...more

Carlton Fields

Life Insurer Defeats Bid to Apply Policy Lapse Statute Retroactively

Carlton Fields on

In Smith v. Jackson National Life Insurance Co., a beneficiary of a life insurance policy that lapsed prior to the death of the insured sued Jackson National for failing to provide sufficient notice of termination and...more

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