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
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
12/16/2022
/ Arbitration ,
Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Flood Insurance ,
Florida ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Insurance Reform ,
Insurance Regulations ,
Property Insurance ,
Unfair or Deceptive Trade Practices
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
6/1/2022
/ Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Contractors ,
Florida ,
Insurance Claims ,
Insurance Litigation ,
Insurance Reform ,
Insurance Regulations ,
Pre-Suit Notice ,
Property Insurance
Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. ...more
The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the...more
In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more
1/22/2021
/ Bad Faith ,
Breach of Contract ,
Consequential Damages ,
Denial of Insurance Coverage ,
First-Party Coverage ,
FL Supreme Court ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Statutory Interpretation
In the wake of the Coronavirus (COVID-19) pandemic, countless businesses have reduced or closed operations—some permanently. Flights have been canceled, hotels and restaurants have closed, and employees have been told to stay...more
In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more
Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company - traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek...more
Law enforcement in Miami-Dade County, Florida recently arrested nine individuals described by Florida Chief Financial Officer Jimmy Patronis as the “ringleaders of an elaborate fraud scheme” led by Barbara Maria Diaz de...more
This week, after 7 years of failed efforts, the Florida Legislature passed a meaningful Assignment of Benefits (“AOB”) reform bill. Florida Governor Ron DeSantis announced yesterday that he would sign the legislation...more