Florida Supreme Court News

Supplemental Claims Don’t Need to Include Damage Estimates, Fed Appeals Court Says

A federal appeals court has, at least for now, put an end to lingering questions about some property insurance claims litigation: The insured does not need to submit a competing damage estimate when filing a supplemental claim if the policy …

Florida High Court Ruling Could Cut Damages for Bars Serving Booze to Minors

Insurers in Florida can can contemplate potentially lower loss costs on liquor liability policies after a recent state Supreme Court ruling that clarified when bars and restaurants can be held partially versus completely liable for some alcohol-related injuries. The court, …

Blood is Not Excluded Pollutant, Florida High Court Says by Declining to Hear Case

The Florida Supreme Court this week declined to hear an appeal from Florida Farm Bureau General Insurance. The move essentially upholds a lower court that cut down the insurer’s argument that a burglar’s blood and fecal matter are not covered …

Florida High Court Rule Change Seen as a Win for Med Mal Insurers

Like a sports league deciding to make greater use of in-game instant replay on crucial calls, the Florida Supreme Court has made it a little easier for hospitals and other medical malpractice defendants to challenge expert witnesses’ qualifications. “This is …

Insurer-Friendly Justice Retires, But That Gives DeSantis 5th Pick on Fla. High Court

Gov. Ron DeSantis’ already strong stamp on the Florida Supreme Court will be even greater for years to come after Justice Ricky Polston retires at the end of this month. DeSantis will have appointed five of the court’s seven justices …

Public Adjusters Can’t Also Be Appraisers on the Claim, Florida Supreme Court Finds

A public adjuster cannot act as an appraiser for a homeowner they represent when the insurance policy specifies that the appraiser must be “disinterested,” the Florida Supreme Court ruled Thursday. The high court affirmed a 2nd District Court of Appeal …

Florida High Court: Settlement Stands, Even Though Comp Insurer Named on Check

Adam Sounders agreed to settle his personal-injury lawsuit against a trucking company for $500,000, but pulled out of the deal when he received a settlement check that included a workers’ compensation lien holder as a payee. A Florida jury rewarded …

DCA Can’t Prohibit Lower Court Ruling, Florida Justices Decide in Insurance Case

Claim Was Settled, But Insurer Attorneys Revealed Mediation Info, Claimants’ Lawyer Says An appeals court cannot be used to prohibit a lower court’s decisions, except through the normal appeal process, the Florida Supreme Court decided Thursday in a case that …

Three Nominees for Florida Supreme Court Appear to Lean the Insurer Way

Some Florida insurers may feel like they didn’t score a home run with the recent property insurance reform measures signed into law in May. But they could soon see a friendly umpire on the state Supreme Court, likely to write …

Fla. Supreme Court: Pre-Suit Notices Need Only Be Mailed, Not Received, Before Deadline

It’s when the letter is mailed, not when it is received, that determines if a plaintiff in a medical malpractice case complied with Florida law on pre-suit notifications, the Florida Supreme Court decided Thursday. “It is the timely mailing of …