Legal Updates

Florida Legislature Passes New Law Creating Right of Contribution Among Liability Insurers for Defense Costs

Florida Governor Ron DeSantis recently signed into law House Bill 301, an omnibus insurance reform bill effective July 1, 2019. Among other things, House Bill 301 created Florida Statute Section 624.1055, which gives most liability insurers a statutory right of

01/06/2020

Florida General Contractors Will Soon Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor's Surety

For decades, the Florida Statute by which legal fees may be recovered, provided this right to owners, subcontractors, laborers and materialmen, but did not include contractors. Historically, contractors could only pursue fees where provided for in a bond or under

05/15/2019

Florida General Contractors Will Soon Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety

05/15/2019

Accepting a Proposal for Settlement in a Case with Multiple Defendants May Not Resolve the Entire Matter

On October 4, 2018, in Allen v. Nunez, the Florida Supreme Court issued an opinion concerning proposals for settlement, which may be helpful in determining how best to phrase and consider proposals directed at multiple parties. In the underlying matter,

10/04/2018

Hospital Lien Impairment Statute Declared Unconstitutional; Insurers Prevail in First Challenge in Courts by Kubicki Draper!

Progressive Select Insurance Company recently dealt a blow to Lee Memorial Health Systems when the Second District Court of Appeal affirmed Progressive’s position that the Hospital’s “Lien Impairment” statute was unconstitutional as a special law that created and impaired a

10/27/2017

The Rules for Serving a Proposal for Settlement Just Got Murkier

In the recent case, McCoy v. R.J. Reynolds, 4D16-1378 (Fla. 4th DCA Oct 25, 2017), the Fourth District held that since a PFS is not a “pleading” which is “filed” with the court, Rule 2.516 does not require the e-service

10/27/2017

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