People’s Trust Managed Repair Clause Survives Another Florida Legal Challenge

William Rabb | Insurance Journal After at least three appeals court decisions in the last four years, homeowner lawsuits that take issue with a Florida insurance carrier’s managed repair program may finally have run their course. “It really should” be a nail in the coffin for similar complaints by policyholders, said Josh Beck, one of… Continue reading People’s Trust Managed Repair Clause Survives Another Florida Legal Challenge

The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute.  In Buis v. Universal Property & Casualty Insurance Company, No. 2D2023-0655, 2024 WL 4096130 (Fla.… Continue reading The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

Lee Tomlinson | Adams and Reese On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360. SB360 was signed into law last year by Gov. DeSantis. It effectively modifies Section 95.11(3)(c) (now designated… Continue reading Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Holly A. Rice | SDV Insights The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier,… Continue reading Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided

William Rabb | Insurance Journal The Florida Supreme Court has resolved a conflict between differing appeals court decisions, deciding that property insurers can be compelled to submit to the appraisal process long before causation, coverage and misrepresentation issues are settled in claims disputes. “For the reasons explained below, we approve the Second District’s decision and… Continue reading Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided