John Daid Dickenson and Chad A. Pasternack | Property Insurance Law Observer Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. S.B. 76 focuses on reducing insurance claim litigation by, amongst other things,… Continue reading A Look Inside Florida’s Recent Property Insurance Reform
Tag: Florida
Courts Generally Favor the Enforcement of Arbitration Provisions
David Adelstein | Florida Construction Legal Updates In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions. The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions. First, courts will… Continue reading Courts Generally Favor the Enforcement of Arbitration Provisions
Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Matthew Lewis | PropertyCasualtyFocus Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit… Continue reading Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
“Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed
Jeffrey Michael Cohen | PropertyCasualtyFocus The purpose of Florida’s “bad faith” statute is to “avoid unnecessary bad faith litigation.” To that end, the statute provides a civil remedy for any person damaged by an insurer’s conduct. However, as a condition precedent to filing suit, the policyholder must provide appropriate information to the Department of Insurance and the… Continue reading “Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed
Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
Jeffrey S. Wertman | Berger Singerman Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as… Continue reading Does the Florida Legislature Finally Have a Fix to Construction Defect Law?