The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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By Jeffrey T. Donner, Esq. Commercial contracts often contain limitation-of-liability language that parties treat as boilerplate. But in litigation, that “boilerplate” can become the most important language in the contract. The Fourth District Court of Appeal’s decision in Chetu, Inc. v. CA Short Company a/k/a Casco International, Inc., No. 4D2024-2977, is a useful reminder that…
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By Jeffrey T. Donner, Esq. Boxing has always had a referee problem. Not in every fight. Not with every referee. But often enough that serious boxing fans know the pattern immediately. The referee stops watching the fight and starts managing it. He gets too close. He touches fighters. He breaks legal exchanges. He confuses inside…
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By Jeffrey T. Donner, Esq. Florida’s medical-malpractice presuit system is usually defended in respectable-sounding language. We are told that Chapter 766 is designed to screen frivolous claims, reduce meritless litigation, encourage early settlement, and protect the stability of the medical and insurance markets. That sounds reasonable in the abstract. But the actual structure of the…
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By Jeffrey T. Donner, Esq. Oliver Wendell Holmes Jr. opened The Common Law with one of the most important sentences ever written about law: “The life of the law has not been logic: it has been experience.” That sentence should be required reading before anyone is allowed to become a lawyer, judge, legislator, law professor,…
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By Jeffrey T. Donner, Esq. There is a basic economic problem at the center of commercial litigation that many clients do not fully understand until they are already deep inside a lawsuit. Most people are used to paying for a visible result. If the air-conditioning repairman comes to your house, you expect that when he…
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By Jeffrey T. Donner, Esq. Florida lawyers are taught—at least in theory—that we practice in a common-law system. That proposition used to mean something. It meant that courts were not merely bureaucratic intake centers. Judges were not merely statutory clerks. Lawyers were not merely compliance officers filling out forms before they could ask a court…
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By Jeffrey T. Donner, Esq. Florida lawyers have become so accustomed to presuit notice statutes that many no longer stop to ask the more fundamental question: why does the Legislature get to put a gate in front of the courthouse at all? That question matters. Under the Florida Constitution, the courts are supposed to be…
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By Jeffrey T. Donner, Esq. Insurance companies do not always perform the underwriting they should perform before issuing a policy. Sometimes they issue the policy, accept the premium, and only after a claim is made do they begin combing through the original application for a reason to deny coverage. That practice is commonly called post-loss…
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By Jeffrey T. Donner, Esq. I am enough of a legal nerd that, before I ever went to law school, I checked Oliver Wendell Holmes’s The Common Law out of the public library and read it because I thought it would be fun. That is not a normal thing to do. I understand that. But…
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By Jeffrey T. Donner, Esq. Commercial lease disputes often arise from the gap between what the parties discussed before signing and what the final lease actually says. Emails, expectations, business assumptions, and “everybody knew what we meant” arguments can become very attractive after a deal falls apart. But under Florida contract law, those arguments usually…
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