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Florida’s Fifth District Court of Appeal (DCA) has certified the following question pertaining to Assignments of Benefits (AOB) to the Florida Supreme Court as a matter of great public importance: Does article X, section 4(c) of the Florida Constitution allow the owner of homestead real property, joined by the spouse, if married, to assign post-loss […]
The Florida Supreme Court recently decided by a 4-3 vote to dismiss its review of Restoration 1 of Port St. Lucie v. Ark Royal Insurance Company. Interestingly, the three justices in the minority were Governor DeSantis’ recent appointees. The majority was comprised of four justices who were on the court when it accepted the case. The […]
The Florida workers’ compensation insurance market presents interesting regulatory and legislative dynamics. Two Florida Supreme Court cases threatened to unravel some of the legislative reforms that helped reduce workers’ comp rates in this state. This prompted concerns among some policymakers that the legislative must revisit workers’ compensation laws to head off future rate increases for […]
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 […]
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. […]
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 […]
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 […]
As 2014 comes to a close, several of the issues that commanded considerable attention during the year reached their resolution and set the framework for 2015 ahead. When we all return from the holidays, the legislative committee weeks will be upon us and the 2015 legislative session will begin before we know it. However, before […]
The Florida Supreme Court has announced that it will not hear an appeal relating to the 2012 revisions to Florida’s Personal Injury Protection law. This means the reforms remain in effect. The reforms have been taken into account in insurers’ rate filings, so the Supreme Court’s decision keeps the legal reforms in line with the […]
In Trinidad v. Florida Peninsula Insurance Company issued July 3, 2013, the Florida Supreme Court considered the scope of replacement cost coverage under the 2008 version of Section 627.7011, Florida Statutes. The statute provided that the insurer would pay the insured the replacement cost of his damaged property without regard to whether the insured repaired […]
