If you missed our recent webinar on Florida’s Tort Reform (HB 837), here are some of the key legal developments and practical takeaways every claims professional should have on their radar:

• Florida’s 2023 Tort Reforms – HB 837
• Effective Date: March 24, 2023
• No more “one way” attorney fees: Sections 627.428 and 626.9373 are repealed
• Creates attorney fees in actions for declaratory relief to determine insurance coverage after total coverage denial of claim (Section 86.121)
• Section 768.79 (offer of judgment and demand for judgment) apply to any civil action involving an insurance contract
  • Be proactive about filing proposals for settlement
• Statute of limitations for negligence actions shortened from four years to two years
• Several significant changes to 624.155, the statutory basis for bad faith actions in Florida
• Dramatically changes the evidence of both past and future medical expenses a jury can consider and award
• Changed Florida’s comparative negligence system from “pure” to “modified”
  • If a plaintiff is found to be more than 50% at fault, they cannot recover any damages