1. Amendment to Section 489.147, Florida Statutes.  This amendment requires that advertisements by contractors encouraging someone to contact a contractor to make an insurance claim for roof damage must contain a statement in at least 12 point font and at least half as large as the largest font size used in the communication that:?(1) the insured is responsible for their policy deductible, (2) it is punishable as a felony in the third degree to waive or offer a rebate for the policy deductible, and (3) insurance fraud is punishable as a felony in the third degree to intentionally file a claim with false, incomplete or misleading information.
 
2. Creates Section 624.1551, Florida Statutes.  This Statute requires a policyholder first establish the insured carrier breached the insurance contract to prevail in a claim for extra contractual damages (a bad faith lawsuit).
 
3. Amendment to Section 627.428, Florida Statutes. This amendment prohibits transfer of a claim for attorney’s fees under a residential or commercial property insurance policy to anyone other than the named insured or named beneficiary.
 
4. Amendments to Section 627.701, Florida Statutes.  These amendments permit the use of a separate deductible for roof losses provided that a premium credit is provided and the insured signs documents confirming they understand that accepting a separate roof deductible may result in high out of pocket costs.  The roof deductible may not apply to a total loss of the structure, a hurricane, a loss resulting from a tree or other hazard falling on the roof and puncturing the roof deck, or when repair of less than 50 percent of the roof is needed.
 
5. Amendments to 627.70131, Florida Statutes, effective January 1, 2013. The significant change in this section requires an insurance company to provide an estimate of damages if requested by the insured.  However, the amendment makes clear that an insurance company is not required to create an estimate for all claims.  
 
6. Amendments to Section 627.70152, Florida Statutes (created by SB-76). The amendments allow for a Court to award an insurance carrier fees and costs when the claimant dismisses a case pursuant to the requirements of this Statute.
 
Additionally, the amendment creates a presumption that a lodestar attorney fee award is reasonable and sufficient. The presumption may be rebutted in rare and unusual circumstances where competent counsel could not be retained in a reasonable manner. This means that an attorney fee multiplier cannot be awarded without this showing.
 
7. Amendment to Section 627.7152, Florida Statutes (The AOB Statute).  The most significant portion of this amendment allows for an award of attorney’s fees and costs to an assignee only under Section 57.105, Florida Statutes.
 

Build an emergency kit
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Hurricane Safety Tips and Resources from the National Weather Service
 

• The pro se Plaintiff filed suit against Akerman following a 2010 incident in which he was escorted from the lobby of Akerman’s office by building security.
• Plaintiff claimed the security guard injured him in the course of forcibly removing him from the building.
• Various grounds were raised by summary judgment motion on behalf of Akerman including that Plaintiff’s claims based on the building security guard’s conduct in escorting him off the premises were barred by virtue of the jury’s verdict in a related federal action filed by Plaintiff against the security guard’s employer and that the guard was not Akerman’s employee.
 

• Rejected Plaintiff’s arguments challenging a key discovery order, holding that he failed to show any abuse of discretion on the record or to adequately preserve his arguments for appellate review.
• Rejected as unpreserved Plaintiff’s various arguments claiming the trial court erred by not granting him a continuance of the summary judgment hearing.
• Concluded that Plaintiff’s challenge to the eight partial summary judgments on his damages claims were “rendered moot” by the affirmance of the final summary judgment on liability for Akerman.
 

Despite the Courts holding in Progressive Select, Paul Michael Gabe successfully argued that Plaintiff improperly plead/waived the deductible argument and that it should be excluded/stricken. The Court agreed and Final Judgment was entered in favor of State Farm.

Don’t give up on all deductible application cases in PIP/No-Fault cases!

View Order here: