Florida Developments

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In a recent decision, a Florida appellate court found that an insured was not entitled to statutory legal fees against its insurer where the insurer defended the insured under a reservation of rights before bringing a declaratory judgment action concerning coverage. 

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Read More Statutory Attorneys Fees Under Florida’s Insurance Code

Florida’s personal injury protection (“PIP”) statute, Florida Statute § 627.736, requires Florida insureds to maintain at least $10,000 in “no fault” coverage for automobile accidents and compels insurers to pay 80% of all reasonable, related, and necessary medical expenses.  However, subsection (10) of the PIP statute creates an alternative to standard PIP coverage options. 

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Read More Florida No Fault Coverage – Insurers May Reimburse Medical Providers at the Providers’ PPO Contract Rates

In January 2007, the Florida Legislature froze the rates of Florida’s state sponsored property insurer, Citizens Property Insurance Corporation, until the end of the year.  On June 26, 2007, Florida Governor Charlie Crist signed a bill extending the rate freeze until January 1, 2009. 

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Read More Florida Governor Charlie Crist extends Citizens Property Insurance Rate Freeze

The Florida Legislature created the Task Force on Citizens Property Insurance Claims Handling and Resolution during a special session in 2007.  Citizens Property Insurance Company, Florida’s state sponsored insurer, experienced significant difficulties in handling the deluge of claims from the 2004 and 2005 hurricane seasons. 

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Read More Florida Legislature Creates Task Force on Citizens Property Insurance Claims Handling

In 1992, in the wake of Hurricane Andrew, the Florida Legislature enacted F.S. § 215.555, which created the Florida Hurricane Catastrophe Fund (the “Fund”).  The Fund is a trust fund, established to reimburse insurers, who write covered policies under F.S. § 215.555(2)(c), for a portion of their catastrophic hurricane related losses.

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Read More The Florida Hurricane Catastrophe Fund

Florida’s First District Court of Appeal recently decided that, when determining whether the structure is a “total loss” under Florida’s former Valued Policy Law (“VPL”), a court could consider whether the cost of repairing the building would exceed its value. 

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Read More Florida’s Valued Policy Law – When Determining Whether Building is “Total Loss,” Court May Consider Whether Cost of Repair Exceeds Value

A Florida appellate court recently swam against a tide of decisions that have eroded the attorney-client privilege in bad faith litigation. 

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Read More Florida Appellate Court Holds That Injured Party Suing Tortfeasor’s Insurer for Bad Faith is Not Entitled to Privileged Communications Between Insured, Insurer, and their Joint or Separate Counsel