The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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A recent—but Chevron-era—federal case in the Southern District of Florida gave us a detailed look at the complexities of dealing with cross-motions for summary judgment in complex environmental contamination and permitting litigation. In Conservancy of Sw. Florida, Inc. v. Williams, 13-14477-CIV, 2018 WL 11422990 (S.D. Fla. Dec. 21, 2018), three non-profit environmental protection organizations sued…
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Do water mitigation and mold remediation companies need a building contractor license? No. In Incident365 Florida, LLC v. Ocean Pointe V Condo. Assoc., ___ So. 3d. ___ (Nos. 3D22-2239, 3D22-2240 & 3D22-2241) (Fla. 3d DCA Oct. 2, 2024), the plaintiff, Incident365 Florida, LLC (“Incident”), appealed from separate final summary judgments entered in favor of Ocean…
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The “new” federal standard for a motion to dismiss—making it more likely such a motion will be granted—is not very new anymore. The “plausibility” standard has been in place since 2007. How is the plausibility standard being implemented by federal trial courts? An interesting attempted class action against the sugar farming industry in South Florida…
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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a critical piece of environmental legislation in the United States. Enacted in 1980, CERCLA was designed to address the nation’s growing concern over hazardous waste sites that posed significant risks to public health and the environment. Over the years, it has…
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Florida has recognized the need for fee-shifting to keep insurance companies honest since 1893. For several years, however, the Governor and Florida legislature have been attacking the ability of insureds to successfully challenge their insurance companies when their claims are wrongfully denied or underpaid. Most recently, the legislature deleted the “fee shifting” statute that provided…
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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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For decades, Florida divorce litigation has been framed by a single, powerful idea: trial judges have broad discretion to craft a fair overall result, and appellate courts usually will not disturb that result unless it is unreasonable. That principle traces directly to Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980). But discretion is not…
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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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