LMA NEWSLETTER June 13, 2022

Remembering Our Fathers

When I was 18 months old my dad died, suffering a massive heart attack as he danced with my mom at a Duke Ellington concert.  That was 60 years ago!  So my mom was my dad too.  As I was growing up, I always found myself gravitating to strong, male role models.  There were so …

Another Property Insurance Company Fails

“Could be an unmitigated disaster”

The Florida Legislature’s May 23-25 special session didn’t come soon enough for yet another insurance company which is now trying to wind-down at least some of its operations among growing concern by ratings agencies of more companies that could follow suit by the end of this month.  Southern Fidelity Insurance …

Special Session Follow-up

Next steps

While the two bills signed into law from the Florida Legislature’s recent special session had many positives (read the final Special Session Bill Watch), more comprehensive measures were needed to address the root cause of our property insurance dilemma in Florida: excessive litigation.  The current excesses are driven by fraudulent roof …

Roofers Sue Over New Reforms

Plus, new roof financing

The Restoration Association of Florida (RAF) is continuing to fight property insurance consumer reforms, filing two lawsuits taking aim at the latest reforms passed by the Florida Legislature in its recent special session.  The lawsuits seek a preliminary injunction against enforcement of both new laws.

RAF’s first lawsuit is against the …

Settlement Agreements Now a Basis for a Bad Faith Claim

By Allan Rotlewicz & Ligianette Cordova, Esqs.

A panel of the Eleventh U.S. Circuit Court of Appeals has reversed its prior reasoning, finding that settlement agreements can now be the basis for a bad faith claim.  In Florida, an excess judgment is when the judgment in the case exceeds the policy limits.  The excess judgment …

Florida Supreme Court Changes Rule on Proposals for Settlement

By Robert Schulte, Esq.

If Helen of Troy was “the face that launched a thousand ships” the proposal for settlement (“PFS”) rule and statute in Florida can perhaps be described as the “law that launched a thousand appeals.” 

Many of the appeals flowed from questions of whether “nonmonetary terms” a party attached to a PFS …

The Knucklehead Defense is Born!

By David Salmon, Esq.

Congratulations to Tower Hill and its subsidiary Omega Insurance Company on a recent defense verdict in Polk County, Florida before Judge Moore!  In Speed v. Omega Ins. Co., the case was originally set for trial in 2019.  As we waited for the prospective jurors to enter the courtroom, the judge …

Rats to the Rescue!

When we think of a typical search and rescue animal, we think of the heroic K-9 units around the world.  In fact, it was K-9’s that played a key role in the Surfside condo collapse search and rescue efforts.  More than a dozen dogs were rotating shifts on the massive pile of rubble to help …