On March 24, 2023, Gov. Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. While other articles have discussed the wide-ranging effects of this new law, this post focuses specifically on how the law alters Florida’s proposal for settlement landscape. Before March 24, proposals for settlement, sometimes referred to as offers of judgment, were exclusively governed by Florida Statutes section 768.79 and Florida Rule of Civil Procedure 1.442. No ... Keep Reading »
Florida Overhauls Bad Faith Law, Repeals One-Way Attorneys’ Fee Statutes, Adopts Modified Comparative Negligence and Other Tort Reforms
On March 23, 2023, the Florida Legislature passed HB 837, a bill enacting major reforms to Florida tort law. Gov. Ron DeSantis wasted no time, signing the bill into law shortly after the bill was presented to him the next morning. Below is a summary of the many significant changes made to Florida laws, including changes to Florida's bad faith law, the repeal of one-way attorneys’ fee statutes, a reduction of the statute of limitations applicable to negligence actions, ... Keep Reading »
New Jersey Federal Court: Policyholders Must Plead Specific Policy Provisions to Maintain Suits
In Law Office of Drew J. Bauman v. Hanover Insurance Co., the U.S. District Court for the District of New Jersey affirmed that policyholders must allege, under New Jersey law, the specific provisions of the insurance policy in order to state a claim for relief under the insurance contract. In doing so, the court bolstered the growing national judicial trend of restricting policyholder coverage litigation to those involving specific allegations of a carrier’s purported ... Keep Reading »
Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
In Frankenmuth Mutual Insurance Co. v. Brown’s Clearing Inc., the Eleventh Circuit Court of Appeals affirmed an Alabama district court’s ruling that the insured was not required to give notice of an underlying lawsuit until the insured had actual knowledge of the suit. Brown’s Clearing, a tree clearing company, hired a subcontractor to clear trees along I-75 in Bartow, Georgia. In July 2018, Courtney Ford allegedly sustained injuries when a tree limb pierced the ... Keep Reading »
Seventh Circuit Finds Notice-of-Impairment Exclusion Bars Coverage for Warehouse Fire
In Frankenmuth Mut. Ins. Co. v. Fun F/X II, Inc., the U.S. Court of Appeals for the Seventh Circuit considered whether loss from a warehouse fire was excluded from coverage because of the insureds' failure to notify the insurer of a known impairment to the building’s fire protection systems prior to the fire. The defendants were owners of a costume and theatrical supply retailer that stored inventory in a warehouse insured by the plaintiff, Frankenmuth Mutual ... Keep Reading »
Florida Appellate Court Affirms Work Product Protection for Insurer’s Claim File
In Family Security Insurance Co. v. Stein, No. 4D22-1468 (Fla. 4th DCA Feb. 8, 2023), Florida’s Fourth District Court of Appeal confirmed that, in a coverage action where the issue of coverage is in dispute, an insurer’s claim file and claim investigation materials are protected by the work product privilege. Family Security was a breach of contract action filed by two homeowners seeking homeowners insurance coverage for damage to their home. The insurer denied ... Keep Reading »
Florida Supreme Court Holds That a Public Adjuster With Pecuniary Interest Cannot Qualify as a “Disinterested” Appraiser for Homeowner
In Parrish v. State Farm Fla. Ins. Co., the Florida Supreme Court settled a conflict between two appellate courts, holding that a public adjuster, including the president of a public adjusting company, cannot serve as a “disinterested” appraiser if they have a pecuniary interest in the outcome of the appraisal. Background and Underlying Proceeding In September 2017, John Parrish, sustained damage to his home from Hurricane Irma. At the time of the damage, the ... Keep Reading »
Ohio Supreme Court Finds Insured’s Ransomware Payment Not Covered Under Business Owners Policy
In EMOI Services LLC v. Owners Insurance Co., No. 2021-1529 (Ohio Dec. 27, 2022), the Ohio Supreme Court found that there was no coverage for a ransomware attack because there was no direct physical loss as required under the business owners insurance policy, reinstating the trial court’s summary judgment ruling in favor of the insurer. The insured, a computer software company whose software provided certain administrative services for medical offices, was a victim of ... Keep Reading »
No CGL Coverage for Opioid Distributor Sued for Economic Damages but Not Bodily Injury Damage
In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct that contributed to a nationwide epidemic of opioid abuse. 57 F.4th 558 (6th Cir. 2023). Quest Pharmaceuticals, a Kentucky-based distributor of generic drugs, faced an onslaught of lawsuits from cities, counties, a county health department, ... Keep Reading »
New California Time-Limited Demand Statute for Insurance Claims Effective Now
In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand delivery procedures, and steps needed to accept or deny the demand. The scope of Section 999 is limited to demands brought prior to any suit ... Keep Reading »
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