The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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What’s happening in Florida’s courts now that Florida adopted the federal summary judgment standard? I have argued previously that, despite the big commotion it caused, Florida’s change to using the federal standard did not really change much. What’s happening with courts in the real world? In Grand Harbor Cmty. Ass’n, Inc. v. GH Vero Beach
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Florida law has long recognized that insurance contracts are contracts of adhesion. They are drafted by the powerful insurance company and presented to consumers—who lack equal bargaining power—as “take it or leave it.” There is no real choice in the market, because almost all insurance policies are essentially the same, especially on key exclusions such
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Does the impact rule apply to the tort of tortious interference with an advantageous business relationship and, if so, does the impact rule apply when such tort is committed with actual malice? Does the impact rule apply generally to intentional torts? The Sixth District recently gave us its opinion while certifying these questions to the
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When can a trial court dismiss a case for fraud on the court? A trial court has the inherent authority, in the exercise of its sound judicial discretion, to dismiss an action when the plaintiff has perpetrated a fraud on the court. But how severe must the fraudulent conduct be? The requisite fraud on the
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The Second District has weighed in on the first-party insurance litigation “Notice of Intent” issue, joining the Sixth District in holding that the new NOI requirement is not retroactive. See Buis v. Universal Prop. and Casualty Ins. Co., No. 2D2023-0655 (Fla. 2d DCA Sept. 6, 2024). On this issue, the Third and Fourth Districts have
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What must a claimant do prior to filing an action for medical malpractice? The Legislature has set forth procedures with which each claimant must comply prior to filing medical malpractice suits. See, e.g., §§ 766.104, 766.106, 766.201-.212, Fla. Stat. Among these requirements is that the claimant must perform a reasonable investigation “to determine that there
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It has always been the law in Florida that an insured must provide “prompt notice” of a claim against her insurance company. Rather, if the insurance contract provides this requirement, it will be enforced, and I’ve never seen an insurance contract that lacked this requirement. For years, however, insureds sometimes got away with reporting claims
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Hurricane Helene has caused devastation throughout much of Florida and other states. This devastation was caused by both wind and flooding. Many insureds–and even insurance lawyers–have never dealt with a flood insurance claim and the intricacies of the National Flood Insurance Program. Resources are available at the fema.gov website. Below are links to a few
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Defendants in Florida are lucky they are not in Texas. In Texas, plaintiffs personal injury lawyers are allowed to tell jurors they are the “conscious of the community” and “heroes” if they find for the plaintiff. According to a trial lawyer podcast I’ve been listening to recently, featuring plaintiffs lawyers bragging about huge verdicts they’ve
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The “Graves Amendment” prohibits the imposition of vicarious liability on a category of commercial vehicle lessors for injuries resulting from the negligent use of the leased or rented vehicle, under certain conditions. What happens when a car dealer provides a “loaner vehicle” at no charge to a customer while the customer’s vehicle is in the
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