The Supreme Court on Thursday adopted an amendment to Florida Rule of Civil Procedure, effective immediately, expressly adopting the “apex doctrine” in both the government and corporate contexts. The apex doctrine protects companies from plaintiffs’ attorneys demanding that their presidents, CEOs, or top officers sit for a deposition. The issue came to the Court as… Read More
Governor Desantis signs insurance reform bill impacting property insurance claim handling and litigation
During the 2021 Florida legislative session, the Florida Senate passed Senate Bill (SB) 76 as part of the legislature’s continuing efforts to reform the property insurance industry in the State of Florida to protect its citizens and consumers. While one of the main drivers for SB 76 was to curb predatory solicitation practices with respect… Read More
Citizens Property Insurance Corp. v. Manor House, LLC, et. al., continued
This case involved a 2004 hurricane claim made by Citizens’ insured Manor House LLC, a rental apartment complex, for which Citizens admitted coverage and subsequently paid. Manor House sued Citizens for breach of contract, alleging among other things that Citizens’ delay in adjusting and paying for the loss caused it to lose rental income due… Read More
Florida Changes the Standard for Summary Judgments, Continued
Since 1966, Florida courts have required the moving party to conclusively “disapprove the nonmovant’s theory of the case in order to eliminate any issue of fact”. Hall v. Tolcott, 191 So. 2d 40 (Fla 1966). By contrast, the US Supreme Court has held that there is “no express or implied requirement in Rule 56 that… Read More
Florida Appellate Court Addresses Instant Appellate Review of Orders Allowing Punitive Damage Claims
A Florida appeals court this week entered an order quashing a trial court’s order allowing a plaintiff to add a claim for punitive damages against a nursing home and suggested, along with other appellate courts, that there should be an immediate appeal of all orders allowing the addition of punitive damages claim. Under Florida law,… Read More