News & Analysis as of

Florida Waivers

Marshall Dennehey

Objections to the Adequacy of a Civil Remedy Notice Can Be Waived

Marshall Dennehey on

Vachon v. The Travelers Home and Marine Insurance Company, Fla. 2d DCA, No. 2d2023-2674, Feb. 14, 2025 - The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as...more

Marshall Dennehey

Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

Marshall Dennehey on

Darryl Vachon v. The Travelers Home & Marine Ins. Co., Fla. 2d DCA, No. 2D2023-2674, February 14, 2025 - The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance...more

Fuerst Ittleman David & Joseph

Does the Failure to Comply With a Pre-suit Mediation Clause Result in the Waiver of the Right to Arbitration? Only the Arbitrator...

Florida’s Second district court of appeal recently issued another opinion in the long line of decisions to determine the gatekeeping question of arbitration under the Revised Florida Arbitration Code, §§ 682.01, Fla. Stat.,...more

White and Williams LLP

Florida Court Puts the Claim of Landlord’s Insurer In The No-Fly Zone

In United States Aviation Underwriters v. Turnberry Airport Holdings, LLC, No. 3D22-270, 2023 Fla. App. LEXIS 1207 (U.S. Aviation), the Court of Appeal of Florida, Third District (Appellate Court) considered whether the...more

Rumberger | Kirk

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

Rumberger | Kirk on

Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more

Foley & Lardner LLP

Florida Ends Telehealth Waivers; Department of Health Issues Update

Foley & Lardner LLP on

Florida’s telehealth emergency waivers ended on June 26, 2021, after Governor Ron DeSantis’ Office allowed the waivers to expire. The waivers were originally contained in Emergency Orders 20-002 and 20-003. On July 1, 2021,...more

King & Spalding

CMS Approves Emergency Medicaid Waivers for Florida, Washington to Address COVID-19; Expects Other States to Apply

King & Spalding on

On March 13, 2020, President Trump declared the COVID-19 virus a national emergency. Section 1135 of the Social Security Act allows CMS to waive certain regulatory requirements during national emergencies...more

Foley & Lardner LLP

COVID-19: Florida Obtains First Medicaid 1135 Waivers Related to COVID-19 — 5 Key Takeaways

Foley & Lardner LLP on

On March 13, 2020, the President declared the Novel Coronavirus (COVID-19) outbreak in the U.S. a national emergency. The President’s declaration, coupled with Section 1135 (of the Social Security Act) waivers issued by the...more

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