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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

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole...more

Too Interested To Be Disinterested: The Florida Supreme Court’s Take on Disinterested Appraisers

“If you and we fail to agree on the amount of loss, either party can demand that the amount of the loss be set by appraisal. . . . [e]ach party will select a qualified, disinterested appraiser[,]” is a phrase known all too...more

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