News & Analysis as of

Florida Attorney's Fees Insurance Industry

Butler Weihmuller Katz Craig LLP

HB 1551 is Bad for Florida

Sometimes, a bill comes clad in sheep’s clothing. But to borrow words from Justice Scalia, “this wolf comes as a wolf.” For decades, Florida was in an insurance crisis....more

Adams & Reese

Florida Tort Reform HB 837 - What Insurers Need to Know

Adams & Reese on

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, a wide sweeping tort reform bill that served to overhaul Florida’s litigation landscape. This legislation has a slew of effects on the judicial system...more

Rumberger | Kirk

Florida’s Most Comprehensive Tort Reform in Decades and What it Means for Insurers and Bad Faith Law

Rumberger | Kirk on

This morning Governor Ron DeSantis signed the reforms compiled in Senate Bill 236 and House Bill 837 (“HB 837”). Some of the key aims of HB 837 with respect to insurance include decreasing frivolous lawsuits, altering...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

Cozen O'Connor on

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

Rumberger | Kirk

Legal Update: Recent Changes to Florida Insurance Law and Its Effect on Litigation

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It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more

Rumberger | Kirk

Governor DeSantis’ Signature Means Great News: Florida Passes Insurance Carrier Friendly Legislation

Rumberger | Kirk on

The Florida Legislature recently passed numerous pieces of legislation which impact Florida’s property insurance carriers. Specifically, Senate Bill 76 (“SB 76”) and Senate Bill 1598 (“SB 1598”) were enacted. Governor...more

Butler Weihmuller Katz Craig LLP

Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases

Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes....more

Butler Weihmuller Katz Craig LLP

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...more

Butler Weihmuller Katz Craig LLP

What's a Court to Consider After a Post-Suit Payment?

Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language of this statute has been part of Florida law for over a century, and the...more

Robinson+Cole Property Insurance Coverage...

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

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