The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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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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What is the standard for a trial judge to grant a motion for new trial based on the “manifest weight of the evidence?” The Sixth District recently reminded us that the trial judge does not have a license to operate as a “Super Juror.” Rather, the trial court’s role is to assess the totality of…
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Can a spouse who married the decedent after the injury recover damages as a “surviving spouse” under section 768.21(2)? The Florida Supreme Court–in a strong opinion supporting the doctrines of (1) giving effect to the plain language of statutes and (2) trusting juries to determine the facts–recently told us the answer is yes. In Ripple…
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What happens when a truck driver working for Amazon.com–ostensibly as an independent contractor–drives negligently and injures another? Will the victim be able to sue the various Amazon entities and hold Amazon accountable despite Amazon, of course, making every effort to insulate itself with complicated contracts that declare that the drivers are independent contractors? The answer…
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What happens if a condominium association impairs its insurer’s subrogation rights when settling with and releasing tortfeasors responsible for claims brought by third parties against the association? Must the insurer file and lose a separate lawsuit before suing its insured for breach of its subrogation rights? The Third District recently gave us some guidance. In…
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