Brett Carey | Rumberger Kirk 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 and their claims professionals must approach liability and settlement practices. While these reforms offer clearer guidance… Continue reading Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know
Tag: Florida
Objections to the Adequacy of a Civil Remedy Notice Can Be Waived
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
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