May 25, 2023

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May 24, 2023

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May 16, 2023

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May 16, 2023
Valued Policy Law is intended to fix the measure of damages payable to the insured in case of total loss to property. Florida Statute 627.702 provides that when any building or structure sustains a total loss as a result of a covered peril, the liability for said loss shall be the amount of money for which the property was insured. This applies to building coverages, but does not apply to other structures, personal property claims, additional living expenses, or ordinance and law coverage. Florida’s Valued Policy Law is not intended to expand coverage or to deprive insurers of any defenses available to it via the policy of insurance.
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May 5, 2023

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May 2, 2023

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May 1, 2023

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May 1, 2023
April 27, 2023
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April 26, 2023

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April 25, 2023

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April 18, 2023
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April 17, 2023

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April 7, 2023

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April 5, 2023

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April 3, 2023
For more information or discussion, do not hesitate to contact us at appellateandcoverage@kubickidraper.com.
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March 17, 2023
Fla. Stat. 624.155 – bad faith provisions
The proposed changes state an insurer cannot be liable for bad faith with respect to a liability insurance claim if the insurer tenders the lesser of the policy limits or the amount demanded by the client within a certain period of time after receiving notice of the claim. Both chambers have agreed that this time period will be set at 90 days.
Additionally, the bills also would change Fla. Stat. 624.155 to state that negligence alone is insufficient to constitute bad faith, that a court can adjust a damages award if a third-party claimant or insured does not act in good faith, and that an insurer does not commit bad faith by failing to pay multiple competing claims arising out of one accident—even if those claims’ total exceeds the policy limits—so long as the insurer within 90 days either files an interpleader action or makes the full policy limits available before an arbitrator is selected.
Fla. Statutes 627.428 and 626.9373 – Attorney’s Fees
The proposed changes would fully repeal both of these statutes. However, they create a new section to Chapter 86, Fla. Stat., which creates a right of action for declaratory relief to determine insurance coverage only after denial of a claim.
- In doing so, the court shall award attorneys fees to the named insured, omnibus insured, or named beneficiary under the policy at issue upon rendition of a declaratory judgment in their favor.
- Additionally, this right would not be transferrable, assignable, or acquired by any other manner by anyone other than a named or omnibus insured or a named beneficiary.
- Explicitly stating that a defense by insurer of reservation of rights does not constitute denial of claim.
Enactment
These changes would only effect prospective claims arising after the enactment date.
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March 8, 2023
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March 6, 2023
January 12, 2023
- Start the investigation early – it may be difficult to track down key witnesses years later. Even if you are unable to secure surveillance footage of the incident, someone may have captured footage on a cell phone video which could be critical to your defense!
- Check on plaintiff’s legal status at the time of the incident. Plaintiff's legal status dictates the duty owed to them by the theme park.
- Courts have moved away from applying a heightened duty onto theme parks; duty should be assessed the same way in these factual scenarios as it is assessed in any other premises liability cases.
- When a lawsuit involves a theme park ride, the courts in Florida dive into each case’s individual facts and really analyze the nature, construction, and operation of the ride itself that allegedly caused the injury.
- The courts have consistently held that the care required by a park must correspond with the risk involved.
- Whether reasonable care was exercised, is a question of fact for the jury.

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