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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

First DCA Declines to Block Discovery of Financial Relationship Between Plaintiffs’ Counsel and “Hybrid” Expert/Treating Witnesses

In Pitts v. Neptune, 1D2022-0960 (Fla. 1st DCA March 6, 2024), the plaintiffs sought certiorari review of the trial court’s order compelling plaintiffs to respond

03/19/2024

Eleventh Circuit Certifies an Economic Loss Rule Question to the Florida Supreme Court

In NBIS Constr. & Transp. Ins. Servs., Inc. v. Liebherr-America, Inc., No. 22-14104 (11th Cir. Feb. 29, 2024), a magistrate judge considered a negligence claim for

03/05/2024

Split Among District Courts Regarding Whether Property Insurance Presuit Notice Requirement Applies Retroactively

In Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 14, 2024), the Third District aligned itself with the Fourth District, holding

02/16/2024

Dismissal Affirmed When Assignment of Property Insurance Benefits Fails to Strictly Comply with § 627.7152(2)

In Gale Force Roofing & Rest., LLC v. Am. Integrity Ins. Co., No. 2D22-4104 (Fla. 2d DCA Feb. 16, 2024), the Second DCA considered whether dismissal

02/16/2024

Third District Court Holds That Plaintiff Failed to Meet Burden of Supporting Jurisdictional Allegations Against Out-of-State Insurer, Affirming Dismissal

In United Medical, LLC, a/a/o Roberto Prin v. Progressive Preferred Insurance Company, et al., No. 3D23-01 (Fla. 3d DCA Jan. 17. 2024), the Third District Court of

01/18/2024

Fourth District Court Holds Florida PIP Statute Reference to “Year” Means Service Year, Not Calendar Year

In United Automobile Insurance Company v. ISO-Diagnostics Testing, Inc., No. 4D2022-1735 (Fla. 4th DCA Jan. 10. 2024), the Fourth District Court of Appeal held that the

01/11/2024

Third District Court Holds That Notice of Supplemental Or Reopened Property Damage Claim Need Not Include Damages Estimate

In Patios West One Condominium Association, Inc. v. American Coastal Insurance Company, No. 3D22-1895 (Fla. 3d DCA Jan 3, 2024), the Third District Court of Appeal

01/09/2024