Margo Meta | The Policyholder Report | October 5, 2018 Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment of benefits agreement. In Restoration 1 of Port St. Lucie v.… Continue reading Florida Court of Appeals Creates Hurdles to Assignment of Benefits
Tag: Florida
Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims
Margo Meta | The Policyholder Report | September 27, 2018 Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable federal case law. In Harvey v. GEICO General Insurance Co., James… Continue reading Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims
The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)
Morgan Foster | Shutts | September 20, 2018 In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c). The Florida Legislature recently passed House Bill 875, effectively… Continue reading The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)
Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Florida Federal Court Allows Insurer To Invoke Appraisal Provision Despite Pending Lawsuit Against Insurer
Jeremy S. Macklin | Traub Lieberman Straus & Shrewsberry | September 11, 2018 In Reynolds Ventures, Inc. v. Scottsdale Ins. Co., 2018 U.S. Dist. LEXIS 150508 (M.D. Fla., Sept. 5, 2018), the U.S. District Court for the Middle District of Florida held that a surplus lines insurer who acts consistently with its rights may invoke its… Continue reading Florida Federal Court Allows Insurer To Invoke Appraisal Provision Despite Pending Lawsuit Against Insurer