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Fifth District Holds Florida Tort Reform Limitations on Medical Expenses Are Not Retroactive

In Eli Wolf v. Exylena Williams, No. 5D2023-3234 (Fla. 5th DCA Nov. 25, 2024), the Fifth District Court of Appeal affirmed a Duval County trial

11/26/2024

Florida Supreme Court Holds Insurers Have No Cause of Action to Sue Under Motor Vehicle Repair Act

In Government Employees Insurance Company v. Glassco, Inc., No. SC2023-1540 (Fla. Sept. 25, 2024), the Florida Supreme Court held that the Florida Motor Vehicle Repair

09/25/2024

Third DCA Clarifies Pre-Suit Notice Requirements for First-Party Property Insurance Claims

On September 4, 2024, the Third District Count of Appeal issued its opinion in Citizens Property Insurance Corporation v. Cheria Walden, which granted a writ

09/09/2024

Insureds Not Entitled to Damages for Estimated Property Repair Costs if Repairs Are Not Made or Costs Incurred

In Univ. Prop. & Cas. Ins. Co. v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA July 24, 2024), the Fourth District reversed a final judgment awarding damages

08/06/2024

Fourth District Requires Strict Compliance With Arbitration Statute, Receding From Precedent

Under section 44.103(5), Fla. Stat. (2021), “An arbitration decision shall be final if a request for trial de novo is not filed within” 20 days

07/24/2024

First DCA Holds UM Insurer Need Not Plead Tortfeasor Setoff As Affirmative Defense

In Hale v. Geico General Insurance Company, Caryn Bellus and Ben Carter obtained an affirmance of a final judgment for Geico in an underinsured motorist

06/11/2024

Witness’ Review of Claims File Materials to Refresh Recollection During a Deposition Waives Privilege

In Hamilton v. Citizens Prop’y Ins. Corp., No. 3D23-1934 (Fla. 3d DCA May 1, 2024), Citizens procured a protective order allowing its corporate representative to use

05/03/2024

Florida Supreme Court Rules on the Billed Amount Issue in PIP Matters

In Allstate Ins. Co. v. Revival Chiropractic, LLC, 2024 WL 1776115 (Fla. April 25, 2024), Plaintiff argued that because the charge was less than 80% of 200%

04/29/2024

Rule 1.525 Does Not Require a Fee Motion to be Heard in 30 Days

In HCA Health Services of Florida v. Jo Ann Berlin, M.D., 4D2022-2652 (April 17, 2024), the Fourth District Court of Appeal held the trial court

04/18/2024

Not So Fast! Sixth DCA Holds Exhaustion and No-action Policy Provisions Toll Statute of Limitations in Suit for Underinsured Motorist Benefits

In Arway v. Progressive American Insurance Company, 6D23-399 (Fla. 6th DCA March 1, 2024), the Sixth DCA reversed and remanded the trial court’s entry of summary

03/27/2024