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In Florida Statute § 627.70152: Part 1 – A Rushed Mess, we explored the significant error in Florida Statute § 627.70152 dictating the requirements for a “Presuit settlement demand.” Then in Florida Statute § 627.70152: Part 2 – What’s In Your Notice?, we took a dive into the murky waters of the Notice of Intent to Initiate Litigation required by Florida Statute § 627.70152. Now we will talk about the near-impossible task of calculating attorney’s fees and costs pursuant to Florida Statute § 627.70152.
Continue Reading Florida Statute § 627.70152: Part 3 – A Rough Calculation

This blog follows Florida Statute § 627.70152: Part 1 – A Rushed Mess, to further explore the anticipated disaster as this law continues through its infancy. Here we explore the Notice portion of the law as outlined in Florida Statute § 627.70152(3)(a) and its potential impact on the claim or case.
Continue Reading Florida Statute § 627.70152: Part 2 – What’s In Your Notice?

With the closure of the statute of limitations for Hurricane Irma related claims, we are faced more and more with claim denials based, in part, on “prompt notice” and/or “late notice” language from the insurance carrier. But was the claim actually reported late? Well, that depends on the reporting requirements as outlined in the insurance policy.
Continue Reading Was the Insurance Claim Really Late Reported?

In a recent string of motions filed be counsel for insurance carriers, there have been attacks on policies held by seasonal residents.

The crux of the carrier’s argument rests in the all-but-forgotten Fla. Stat. § 627.401(2), which states: “No provision of this part of this chapter applies to: … Policies or contracts not issued for delivery in this state nor delivered in this state, except as otherwise provided in this code.” Notably, Fla. Stat. § 627.428 falls within the noted part of the statute chapter, and Fla. Stat. § 627.428 allows a policyholder to obtain compensation for attorney fees and costs upon rendition of a favorable judgment.
Continue Reading Seasonal Resident Policy: Implications for Attorney Fees & Costs under Fla. Stat. Sect. 627.428