Gabrielle Wright | Marshall Dennehey The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as an affirmative defense, for the first time, compliance with the insured’s statutory requirements of Fla. Stat. § 624.155. Prior to filing a bad faith suit, the plaintiff served… Continue reading Objections to the Adequacy of a Civil Remedy Notice Can Be Waived
Tag: Florida
Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract
Dillon Aisenberg, William Gillis, Jr. and Stephen Willig | MG+M The Law Firm Overview In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction contract claim are to be… Continue reading Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract
Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale
Tiffany Bustamante and Nicole Connors | Cozen O’Connor Introduction The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key provisions—§§ 624.1551 and 624.155(6)—both aimed at providing insurers with clearer procedural guidance and… Continue reading Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale
Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
David Adelstein | Florida Construction Legal Updates A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at… Continue reading Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation