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Subrogation Florida

White and Williams LLP

Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations

In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Cozen O'Connor

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

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On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more

White and Williams LLP

Florida Continues Enacting Tort Reforms, This Time Shortening the Statute of Repose

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On April 13, 2023, Florida’s governor, Ron DeSantis, signed into law SB 360 which, among other things, shortens the statute of repose period for improvements to real property. The law also revises the date on which the...more

White and Williams LLP

Florida Passes Tort Reform Bill

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On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Butler Weihmuller Katz Craig LLP

Florida’s Tort Reform and its Impact on Subrogation

HB 837 was introduced to the Florida House of Representatives on February 15, 2023.  The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis....more

White and Williams LLP

Florida Court Puts the Claim of Landlord’s Insurer In The No-Fly Zone

In United States Aviation Underwriters v. Turnberry Airport Holdings, LLC, No. 3D22-270, 2023 Fla. App. LEXIS 1207 (U.S. Aviation), the Court of Appeal of Florida, Third District (Appellate Court) considered whether the...more

Butler Weihmuller Katz Craig LLP

Tips for Investigating Subrogation in Florida Following Hurricane Ian

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

White and Williams LLP

Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson

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Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding...more

Rumberger | Kirk

Florida Supreme Court: Insurers can Sue Attorneys for Malpractice Under Subrogation Provision

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The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more

Cozen O'Connor

Florida Supreme Court Signals Major Shift in Summary Judgment Standard

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Lawyers and insurance industry professionals are undoubtedly familiar with motions for summary judgment. For years, Florida state courts have followed their own summary judgment standard. While similar to the rule followed by...more

Butler Weihmuller Katz Craig LLP

Know Your Lease: Florida's 3rd District Revisits Subrogation In The Context Of Landlord/Tenant Leases

Historically, a tenant who pays towards its landlord’s insurance premiums, pursuant to the terms of the lease, is generally considered a “co-insured” under the landlord’s policy. See Lumber Mutual Insurance Co. v. Zoltek...more

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