Contractors Beware Taking AOB Contracts For Restoration Work: New Policy Forms Restricting AOB Contacts Discussed By Recent Insurance Bulletin

Chip Merlin | Property Insurance Coverage Law Blog | June 24, 2019 Assignment of benefits contracts for property damage claims may be going the way of the dinosaur in Florida. A recent Florida Insurance Bulletin notes that the new statute allows insurance companies to issue policies preventing an assignment of benefits if insurers offer a premium discount.… Continue reading Contractors Beware Taking AOB Contracts For Restoration Work: New Policy Forms Restricting AOB Contacts Discussed By Recent Insurance Bulletin

Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

William Linero, Jr. | Butler Weihmuller Katz Craig | June 14, 2019 On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states:  “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.”[1]  In adding 558.004(1)(d), it appears that the… Continue reading Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

New Sustainability Ordinances for Construction Enacted in Florida and Colorado Cities

Joshua Atlas | Construction Industry Counselor | June 6, 2019 The City of St. Petersburg, Florida is one of the latest municipalities to incorporate the concepts of sustainable construction, sometimes referred to as “green building”, into the requirements of their municipal code.  On April 26, 2019, the City adopted Ordinance No. 359-H; which requires City-owned… Continue reading New Sustainability Ordinances for Construction Enacted in Florida and Colorado Cities

The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

J. Blake Hunter | Butler Weihmuller Katz Craig | May 29, 2019 Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial.  The Frye standard requires the offeror of the evidence to establish that the… Continue reading The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework

John David Dickenson and Chad A. Pasterneck | Property Insurance Law Observer | April 26, 2019 This week, after 7 years of failed efforts, the Florida Legislature passed a meaningful Assignment of Benefits (“AOB”) reform bill.  Florida Governor Ron DeSantis announced yesterday that he would sign the legislation designed to cut back on abusive AOBs,… Continue reading Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework