Michael Kranzler and Krithika Venugopal | Chartwell Law Where an insured does not fulfill his or her contractual duty to provide prompt notice and an insurer claims it was prejudiced as a result, Florida courts apply a two-step analysis to determine the impact of the notice. Courts determine whether (1) the insured’s notice was late… Continue reading Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide
Tag: Florida
Nondelegable Duty of Care Owed to Third Persons
David Adelstein | Florida Construction Legal Updates Although a personal injury case, the recent opinion in Garcia v. Southern Cleaning Service, Inc., 48 Fla.L.Weekly D977a (Fla. 1stDCA 2023) raises an interesting issue regarding nondelegable duties owed to third persons applicable in negligence actions. Remember, in order for there to be a negligence claim, the defendant MUST owe a duty of care to… Continue reading Nondelegable Duty of Care Owed to Third Persons
An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act
Jedidiah Vander Klok, Jordan Lewis and Scott Newman | Kennedys On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was… Continue reading An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act
Florida’s New Civil Remedies Act – Bulletpoints as to How it Impacts Construction
David Adelstein | Florida Construction Legal Updates There has been much talk about Florida’s new Civil Remedies Act (House Bill 837) that Governor DeSantis approved on March 24, 2023. As it pertains to construction, here is how I see it with key bulletpoints on the impact this new Act has on the construction industry: When one of your… Continue reading Florida’s New Civil Remedies Act – Bulletpoints as to How it Impacts Construction
A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May… Continue reading A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement