In case you missed our recent seminar on Affidavit Demands in Florida: Strategic Presuit Handling to Avoid Bad Faith Exposure, here are the key takeaways for Florida adjusters:

1.Identify whether a presuit demand includes an affidavit requirement and if it is tied to settlement, then promptly review for clarity on who must execute it, what is required, and applicable deadlines to ensure mirror image acceptance of settlement demand

2.Communicate all demands to the insured in writing, clearly advising of deadlines, obligations, and rights under Boston Old Colony v. Gutierrez, including risks of excess judgment and the importance of timely compliance

3.Identify and address problematic affidavit language (such as admissions of negligence or confession of judgment), seek clarification or revisions from plaintiff’s counsel, and document all efforts to comply

4.Coordinate carefully in cases involving potential criminal exposure, including consulting criminal defense counsel to seek approval before any affidavit is executed or documents are produced

5.Ensure proper handling of technical requirements (carrier affidavits, statutory compliance, notarization, translation, or missing forms) and maintain thorough documentation to minimize bad faith exposure, as supported by Wiseman v. Progressive Paloverde Insurance Co.