Jennifer P. Sommerville and Todd F. Kobrin | Shutts Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.”[1] Generally, a construction lien extends only to the “right, title and interest of… Continue reading Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Tag: Florida
Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Laura Farrant and Bradley S. Fischer | Lewis Brisbois On June 1, 2023, Governor Ron DeSantis signed into law CS/SB 7052 (the Act), increasing consumer protection and insurer accountability in Florida. The newly enacted and amended statutes under CS/SB 7052 bolster policyholder protections and impose greater insurer oversight, including heightened penalties for insurer misdeeds in… Continue reading Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
New Amendments to Florida’s Construction Lien Law
Ralf R. Rodriguez and Benjamin Keime | Cozen O’Connor On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1, 2023. The amendments, among other things, expand the definition of… Continue reading New Amendments to Florida’s Construction Lien Law
Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Jennifer Mathis and Carrie E. Paulsen | Troutman Pepper A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is expected to make it more difficult… Continue reading Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida