News & Updates

Florida Supreme Court

House Proposals Address Auto Insurance Issues

House Proposals Address Auto Insurance Issues

Two bills of interest to the auto insurance industry have been filed in the Florida House of Representatives. Neither has a Senate companion yet, although it is still early. HB 323 attempts to address concerns with an explosion of auto glass claims and resulting litigation. The bill would prohibit motor vehicle repair shops and their […]

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Governor DeSantis Selects Barbara Lagoa for Supreme Court

Governor DeSantis Selects Barbara Lagoa for Supreme Court

In addition to leading Florida’s executive branch, Governor Ron DeSantis has an immediate opportunity to reshape the Florida Supreme Court.  Three of Florida’s Supreme Court Justices–  Barbara Pariente, Peggy Quince, and Fred Lewis, reached mandatory retirement coinciding with Governor DeSantis’ becoming Florida’s next Governor.  Although sometimes it is difficult or even unfair to apply labels […]

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Senate President Considers Workers Compensation Reform

Senate President Considers Workers Compensation Reform

New Senate President Bill Galvano has signaled that the Senate might take up workers’ compensation reform notwithstanding that rates have decreased in the last two years. Galvano reasons that the recent downward trend in workers’ compensation rates might not be sustainable, and in fact might be followed by future rate increases, due to the Florida […]

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Governor-Elect DeSantis to Appoint New Supreme Court Justices

Governor-Elect DeSantis to Appoint New Supreme Court Justices

After two recent Supreme Court decisions and with the Governor’s race now decided, the process for selecting three new Florida Supreme Court justices has become a little clearer. The justices are retiring in early January 2019 due to reaching the mandatory retirement age. Their mandated retirement coincides with the transition from current Governor Rick Scott […]

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Divided Florida Supreme Court Sends Bad Faith Message

Divided Florida Supreme Court Sends Bad Faith Message

In a 4-3 decision, the Florida Supreme Court in Harvey v. GEICO General Insurance Company sent a sobering message to insurers. In Harvey, the insured was involved in an accident with another driver who died as a result of his injuries. More here. The insured was covered under a policy providing $100,000 in liability coverage. […]

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Court Upholds Conditions on Assignments

Court Upholds Conditions on Assignments

Florida’s 4th District Court of Appeal in Restoration 1 of Port St. Lucie v. Ark Royal Insurance Company determined that an insurer may require approval of all insureds and the mortgagee before an assignment of benefits is valid.  This ruling differs from a conclusion reached by the 5th DCA last year after the Office of […]

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Law Firms Seek Review of Insurance Public Records Determination

Law Firms Seek Review of Insurance Public Records Determination

Two law firms have asked the Florida Supreme Court to review a recent 1st DCA decision relating to the availability of certain public records maintained by the Florida Department of Financial Services.  The litigation initially arose over the firms’ access to contact information for consumers participating in state-operated neutral evaluation or mediation programs.  In the […]

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Supreme Court Declines to Address Authority to Make Upcoming Appointments

Supreme Court Declines to Address Authority to Make Upcoming Appointments

The Florida Supreme Court dismissed a case that would have shed light on Governor Rick Scott’s ability to name three replacement justices as his term expires in January 19.  The end of three justices’ terms will coincide with Governor Scott’s expected last day in office, and of course the first day in office for his successor […]

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