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Litigation Strategies Florida Insurance Litigation

Marshall Dennehey

From ‘Brownish’ to Baseless: Florida Court Reinforces Slip-and-Fall Standards

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Key Points:  Recent case clarifies Florida premises liability law and the burden on plaintiffs under Section 768.0755, Florida Statutes....more

Rumberger | Kirk

Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know

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Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers...more

Marshall Dennehey

Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error

Marshall Dennehey on

Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable...more

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

Marshall Dennehey

Without Deciding Whether the 4th District Court Reached the Correct Result Under Fla. Stat. §627.7252(2)(a)4’s Actual Text, the...

Marshall Dennehey on

Apex Roofing & Restoration LLC a/a/o Monica Williams v. United Auto. Ins. Co., Fla. 1st DCA, No. 1D2022-3990, October 2, 2024 - Prior to suit, USAA’s insured assigned her rights to Apex via an Assignment of Benefits (AOB)...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 Car Accident Lawsuits: How to Apply the Brakes on Plaintiffs

Rumberger | Kirk on

Looking for the Most Generous County - When a Canadian is sued in Florida, moving the case from the Florida state court system to the U.S. federal court system usually is a good move for the defense. But sometimes, making...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

Rumberger | Kirk on

Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...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

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

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