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This text continues from CHANGES IN LATITUDE, 2023 CHANGES ATTITUDE: FLORIDA LEGISLATURE & BAD FAITH, posted June 5, 2023. There could have been some articles on associated matters posted right here within the interim, as nicely. That’s all to the great.
(Picture supplied by Florida Blue)
First, the 90-day interval laid out in new Subsection (4)(a) of Florida’s Unhealthy Religion Statute, Fla. Stat. § 624.155, begins for each legal responsibility provider “after receiving precise discover[.]”[1] The legal responsibility provider should due to this fact obtain the discover earlier than the required interval can start. The “precise discover” that the legal responsibility provider should obtain throughout the specified timeframe just isn’t outlined within the statute. It’s an open query below this new statute whether or not precise data of the state of affairs shall be ample or whether or not discover have to be supplied to the provider earlier than the interval of immunity can start.
One other query considerations the brand new requirement that “the precise discover of a declare” – moderately than, say, the settlement demand of a third-party claimant – have to be “accompanied by ample proof to assist the quantity of the declare.”[2] Maybe surprisingly, the “ample proof” required by the brand new statute is required to accompany discover to the legal responsibility provider and to not accompany any settlement calls for.
In any case, the brand new statute doesn’t provide any steering as to what may represent “ample proof to assist the quantity of the declare” earlier than this new immunity can develop into accessible. That query seems to have been left to the Florida courts or maybe to future periods of the Florida Legislature.
[1] Part 624.155(4)(a).
[2] Part 624.155(4)(a).
To be continued the day after Independence Day …. These and comparable points are addressed in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 3:28, Authorized Bases of Legal responsibility in Settlement — Statutory (West Publishing Firm 3d Version, 2023 Dietary supplements in course of).
This weblog article ©2023 Dennis J. Wall.
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