News & Analysis as of

Florida Insurance Litigation FL Supreme Court

Rumberger | Kirk

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

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The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more

Butler Weihmuller Katz Craig LLP

The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute.  In Buis v....more

Rumberger | Kirk

The Multiple Issues Surrounding Medicare and Past Damages

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What amount of past medical expenses can a plaintiff present to the jury when he or she is a Medicare recipient? The short answer: only the amount of past medical expenses the plaintiff is obligated to pay, not the gross...more

Butler Weihmuller Katz Craig LLP

Deal or No Deal: The Florida Supreme Court clarifies what it takes for an offer of judgment to be deemed accepted

Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in Suarez Trucking FL Corp. v. Souders, 311 So. 3d 263, 272 (Fla. 2d DCA 2020) and the...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...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

How will Florida’s amended summary judgment standard affect bad faith cases?

The Florida Supreme Court ended 2020 with a bang!  The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard.  This change will affect different types of civil...more

Butler Weihmuller Katz Craig LLP

The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. ...more

Butler Weihmuller Katz Craig LLP

Introducing the New Florida Supreme Court (from an Insurance Perspective)

Ron DeSantis, the newly sworn Governor of the State of Florida, was given a unique opportunity to remake the Florida Supreme Court within his first days of office. ...more

Butler Weihmuller Katz Craig LLP

Offerors relax! Offerees take note! The technical requirements of rule 2.516 do not apply to proposals for settlement

The Florida Supreme Court in Wheaton v. Wheaton, No. SC17-716, 2019 WL 99109 (Fla. Jan.4, 2019), resolved the district split on the issue whether proposals for settlement made pursuant to section 768.79, Florida Statutes and...more

Cozen O'Connor

Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy

Cozen O'Connor on

At least two Florida appellate courts have directly contradicted each other on an increasingly-important question facing Floridians and the insurance industry. The question is as follows: “Are insurance provisions valid which...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

Carlton Fields

Altman Contractors V. Crum & Forster: Florida Supreme Court Answers The 11th Circuit’s Certified Question In The Affirmative

Carlton Fields on

In Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016), the Eleventh Circuit certified the following question to the Florida Supreme Court: "Is the notice and repair process set forth...more

Butler Weihmuller Katz Craig LLP

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,...more

Carlton Fields

Insurable Interest Found in Life Insurance Policies Procured by Investors Through Fraudulent STOLI Scheme

Carlton Fields on

The Florida Supreme Court recently held that life insurance policies procured by investors through a STOLI scheme did not violate Florida’s insurable interest statute and could not be challenged after the two-year...more

Pillsbury - Gravel2Gavel Construction & Real...

Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage...more

Robinson+Cole Property Insurance Coverage...

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis...more

Carlton Fields

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

Carlton Fields on

It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....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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