Florida Developments

Subscribe to Florida Developments via RSS

On April 17, 2013, the Florida Senate Committee on Banking and Insurance approved SPB 7152 as committee bill SB 1888 (the “Bill”). The Bill would eliminate Florida’s no-fault personal injury protection (“PIP”) coverage requirements, which were reformed just last year as the result of serious negotiations. …
Read More Florida Senate Committee Approves Bill Repealing No-Fault Law

For insurers doing business in Florida, a recent appellate court decision reaffirms the importance of a timely offer of settlement even in extremely challenging conditions to protect against bad-faith liability. …
Read More Florida Appellate Court Decision Increases Pressure On Insurers To Settle Claims In Order To Avoid Potential Bad Faith

On March 7, 2013, the Florida Senate Banking and Insurance Committee approved SPB 7018 (the “Bill”) by a vote of 11-1. The Bill, if enacted, would make several changes to Florida’s property insurance laws. …
Read More Florida Senate Committee Approves Bill with Sweeping Changes to Property Insurance Laws

On February 20, 2013, the Florida Third District Court of Appeal held that an insurer was required to provide separate counsel to two co-defendants/insureds due to a conflict of interest between them. …
Read More Florida Appellate Court Holds that Insurer Must Provide Separate Counsel to Co-Defendant Insureds

On January 24, 2013, Florida Representative Jimmy T. Patronis (R) filed House Bill 535 (the “Bill”), which, among other things, would allow owners of certain life insurance policies to use viatical settlement contracts to cover the cost of Medicaid long-term care services. If adopted, the Bill would alter existing law, which requires exhaustion of a person’s assets, including allowing any in-force life insurance policies to lapse, before paying out Medicaid benefits. …
Read More Florida Bill would Allow Policyholders to Use Viatical Settlement Proceeds to Pay for Medicaid-Covered Long-Term Care

The United States District Court for the Middle District of Florida recently issued an Order denying coverage to an insured for an underlying class action suit alleging violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005.   See Interline Brands, Inc. v. Chartis Specialty Insurance Company, No. 3:11-cv-731-J-25JRK (M.D. Fla. November 21, 2012). …
Read More Florida District Court Grants Dismissal of TCPA Coverage Lawsuit on Basis of Statutory Exclusion

Florida has amended its captive law pursuant to H.B. 1101, reducing minimum capital and surplus requirements for industrial insured captives, expanding the lines of insurance that may be written by captives, and recognizing pure and special purpose captive insurance companies as distinct from traditional Florida domestic insurers. …
Read More Florida Amends Captive Law

On May 31, 2012, in an anticipated opinion, the Florida Supreme Court resolved five certified questions from the United States Court Appeals for the Eleventh Circuit in a case styled Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corporation, Case. No. SC09-441.  The case involves Hurricane Wilma damage sustained to Boca Raton, Florida condominium property owned by the insured. …
Read More Florida Supreme Court Answers Certified Questions from Eleventh Circuit In Anticipated Hurricane Related Bad Faith Opinion