Meagan C. Nicholson | GreenspoonMarder For decades, Florida litigators have looked to Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), when addressing late-disclosed witnesses and expert opinions. Under Binger, the exclusion analysis generally centered on prejudice to the opposing party, along with the ability to cure that prejudice, the potential disruption of trial, and… Continue reading Florida’s Sixth DCA Signals Stricter Enforcement of Expert Disclosure Deadlines
Tag: Florida
Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know
John Whelan | Shutts & Bowen For years, Florida contractors have understood that failing to pay a subcontractor could result in a construction lien dispute or a breach of contract action. Beginning July 1, 2026, however, the stakes became significantly higher. With the enactment of section 489.1295, Florida Statutes, the Legislature has transformed certain payment disputes… Continue reading Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know
One-Sided Game: Florida Supreme Court Limits Defense Role in Punitive Damages Motions
J. Richard Caldwell, Jr. | Rumberger | Kirk In Perlmutter v. Federal Ins. Co., No. SC2024-0058, 2026 WL 1689765 (Fla. June 11, 2026), the Supreme Court of Florida unanimously rejected the decision of the Florida 4th District Court of Appeal In Perlmutter v. Federal Ins. Co., 376 So.3d 24 (Fla. 4th DCA 2023). The specific issue concerned plaintiff’s burden in showing… Continue reading One-Sided Game: Florida Supreme Court Limits Defense Role in Punitive Damages Motions
Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Michael Shifrin | Bressler, Amery & Ross For decades, appraisal has been a central feature of Florida property insurance disputes. Designed to resolve disagreements over the amount of loss, appraisal was never intended to displace litigation altogether. In recent years, appraisal has become far more contested. Courts are now scrutinizing appraisal awards more closely, carriers… Continue reading Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Collapse Coverage in First-Party Property Cases
Keegan Lathan | Butler Weihmuller Katz Craig What is considered a covered “collapse” under a homeowner’s policy? One Florida appeals court recently addressed this question in Escobar v. Citizens Prop. Ins. Corp., No. 3D24-1234, 2026 WL 817362 (Fla. Dist. Ct. App. Mar. 15, 2026). Specifically, the Third District Court of Appeal held that: (1) drywall is… Continue reading Collapse Coverage in First-Party Property Cases