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 MoreFor 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 MoreOn 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 MoreOn 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 MoreOn 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 MoreThe 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 MoreFlorida 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 MoreOn 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 MoreIn a late night finale to a pitched, down-to-the-wire battle between Florida’s House and Senate, the Florida Senate passed an amended PIP reform bill (HB 119) on a narrow 22-17 vote. The vote came after some heavy lobbying by Governor Rick Scott and others.
Read MoreIn connection with Florida’s transition of the state-run Citizens Property Insurance Corporation (“Citizens”) back to an insurer of last resort, the Florida House of Representatives recently approved by a 66-48 vote a bill (HB 245 [PDF]) that would allow surplus lines insurers to assume certain policies from Citizens.
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