Monthly archives: March, 2013

Florida Supreme Court Upholds Tort Claims Against Insurance Brokers & Finally Kills the Economic Loss Rule

It took the Florida Supreme Court two years after oral argument to come to its senses and reaffirm the right of Florida policyholders to sue their insurance brokers for negligence. The Court’s decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013) is groundbreaking in several …

Insurer Recovers Fla. Stat. 627.428 Fees

No, all of that insurance industry money flowing into the Florida legislature has not led to a change in Fla. Stat. 627.428, Florida’s one-way attorney fee shifting statute. Loyal readers of Insurance Law Florida know that Fla. Stat. 627.428 allows policyholders to recover their attorneys fees upon the successful completion of coverage litigation. The statute’s …