Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers...more
A little more than one year after Progressive scored a bad faith win in Eres v. Progressive American Ins. Co., 998 F.3d 1273 (11th Cir. 2021), Progressive came away with another victory in Deary v. Progressive American Ins....more
As coronavirus business interruption claims continue to be filed and make their way through courts across the country, an August 18, 2020 opinion from the Eleventh Circuit Court of Appeals could influence how Florida’s...more
8/20/2020
/ Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Loss of Income ,
Policy Exclusions ,
Policy Terms
The global health emergency caused by COVID-19 has either disrupted or completely interrupted business operations across the United States. The financial impact of government-mandated shutdowns on businesses is substantial...more
First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more
11/20/2017
/ Appeals ,
Earthquake Insurance ,
Earthquakes ,
FL Supreme Court ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Proximate Cause ,
Real Estate Market
When coverage is at issue, the interplay between a policy’s language and an insurer’s duties under the Claims Administration Statute, Florida Statute Section 627.426, becomes a key factor in claims handling for insurers. In...more
7/28/2017
/ Attorney's Fees ,
Breach of Contract ,
Claims Processing Systems ,
Copyright ,
Copyright Infringement ,
Coverage Defense ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Policy Exclusions ,
Policy Terms ,
Reservation of Rights ,
Statement of Claim ,
Travelers Property Casualty Co.