FOLLOW US

Sun

July 25, 2026

America February 19, 2023 5 mins read

Florida Insurance Reforms May Have Adverse Effects on Minor Legal Claims

America ı By Samuel Lopez

0 Comments

Ron DeSantis

(USA HERALD) - Florida Governor Ron DeSantis, Senate President Kathleen Passidomo and House Speaker Paul Renner are proposing a range of tort reforms that will impact insurance claims litigation in the state.

At a press conference on Tuesday, the politicians proposed the elimination of one-way attorney fees and fee multipliers for all insurance claims, to curb attorneys who are allegedly focused on generating fees in frivolous litigation against insurance companies. However, attorneys who represent policyholders are concerned over the planned revisions, calling the changes a blunt object that could prevent those with minor but legitimate cases from finding representation.

The one-way attorney fee provision allows insured individuals to receive reasonable attorney fees in a lawsuit when any recovery is awarded, and fee multipliers allow judges to award attorneys working on a contingency fee basis an additional amount. The proposed reforms would continue the work begun by the Legislature last December, when it eliminated one-way attorney fees for property insurance suits in a measure aimed at shoring up the state's troubled property insurance market.

The bill was later signed into law by DeSantis, and it also prohibited the assignment of benefits, which allowed a third party, typically a contractor doing work on a property, to seek payment directly from the insurance company.

The proposed legislation would do away with the current comparative negligence rule, which allows plaintiffs to recover damages even if they are primarily at fault. The bill states that "any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages." It also takes aim at the state's bad faith statute by spelling out that negligence alone on the part of the insurer is not enough to constitute bad faith. It would add a duty for the insured to act in good faith and allow a judge or jury to consider whether a claimant did not act in good faith and, if so, to reduce the damages awarded against the insurer. The bill would make it more difficult for claimants to get punitive damages on bad faith claims.

Policyholder attorneys have concerns that the proposed changes to Florida's tort laws could prevent those with more minor but legitimate cases from finding representation. The one-way attorney fee provision allows insured individuals to receive reasonable attorney fees in a lawsuit when any recovery is awarded, and fee multipliers allow judges to award attorneys working on a contingency fee basis an additional amount. The proposed reforms would continue the work begun by the Legislature last December, when it eliminated one-way attorney fees for property insurance suits in a measure aimed at shoring up the state's troubled property insurance market.

The bill is not designed to cure the problem of skyrocketing insurance premiums but is "tailored to make insurance company executives and stakeholders happy", according to Hugh Lumpkin of Reed Smith LLP, who has more than three decades of insurance litigation on behalf of policyholders. Oliver Birman of Perlman Bajandas Yevoli & Albright PL suggested allowing one-way fees for claims under a set amount like $50,000 to allow people to still have access to the courts without making it cost prohibitive. He said capping the amount of fees that the insurance companies would be responsible for would address another problem identified by lawmakers, that attorneys will keep a case going for years to increase their fees.

Many attorneys add that much of the intended objective of curbing frivolous litigation could be achieved using existing statutes meant to deter these types of suits. Attorney discipline is another key tool that should be utilized against bad actors filing fraudulent suits, they said. Florida Bar spokeswoman Jennifer Krell Davis said the bar opens investigations against attorneys every day, but the probes are only opened once there is an official complaint from a judge, another attorney or a member of the public.

While some believe that bad faith claims are a non-issue, others argue that bad faith exposure serves as a tool for policyholders to push for better outcomes with insurers. This is particularly true for insurers like Citizens Property Insurance Corp., Markel Corp., and Evanston Insurance, which has no incentive to improve its claims handling if they are immune from bad faith claims.

Joseph Manzo of Hinshaw & Culbertson LLP, who represents insurers, has argued that the bad faith standard has become somewhat of a scam. According to him, even when an insurance carrier acted reasonably, a judge will allow a bad faith to claim to go to a jury because the standard is so broad. He noted that juries tend to side with the poor insured pitted against a large company, which can result in a negative outcome for the insurer.

Overall, while the proposed reforms are aimed at curbing frivolous litigation and making insurance companies and stakeholders happy, many attorneys who represent policyholders are concerned that they will prevent those with more minor but legitimate cases from finding representation. Some have suggested alternative approaches, such as allowing one-way fees for claims under a set amount, like $50,000, to ensure that people still have access to the courts without making it cost-prohibitive.

It remains to be seen what additional reforms will be proposed in the Florida Senate, and whether they will be successful in curbing frivolous litigation while still ensuring that policyholders have access to the courts. What is clear is that the proposed changes have sparked a robust debate among attorneys and other stakeholders in the insurance industry.

In conclusion, Florida's proposed insurance reforms could have far-reaching implications for policyholders and attorneys alike. While the reforms are aimed at curbing frivolous litigation, some have expressed concerns that they may prevent those with legitimate claims from finding representation. As the debate over these changes continues, it is important to consider the perspectives of all stakeholders in the insurance industry, from insurers to policyholders and the attorneys who represent them.

 

 

Previous Article

Operation North Star II targets violent fugitives, arrest 833 

Read More
1640 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 22, 2026
Maduro’s Trial Pushed to 2027 as…

Inside This Report Judge Alvin Hellerstein set June 1, 2027…

By – Samuel Lopez
America July 22, 2026
Trump Directs Agencies to Lift UAP…

By Samuel López | USA Herald For years, one explanation…

By – Samuel Lopez
Breaking News July 22, 2026
Nolan Wells Autopsy Cannot Rule Out…

The independent Nolan Wells autopsy could not determine how the…

By – Michallie Harrison
Breaking News July 22, 2026
Trump Opens Saudi Path to Uranium…

The Trump administration has signed a nuclear cooperation agreement that…

By – Michallie Harrison
America July 22, 2026
Hacking Event Raises New AI Safety…

The hacking event disclosed by ChatGPT maker OpenAI has created…

By – Jackie Allen
America July 22, 2026
Tropical Storm Bertha Slams Louisiana Coast…

Tropical Storm Bertha finally made good on days of warnings,…

By – Rihem Akkouche
America July 22, 2026
Tropical Storm Bertha Slams Louisiana Coast…

Tropical Storm Bertha finally made good on days of warnings,…

By – Rihem Akkouche
America July 22, 2026
Lonn Hartman Case Fuels Calls for…

The Lonn Hartman case is drawing national attention after the…

By – Michallie Harrison
America July 22, 2026
US $1.5tn Defense Bill Squeaks Through…

The US House of Representatives narrowly muscled through a $1.15…

By – Rihem Akkouche
America July 22, 2026
Trump BBC Financial Records Lawsuit Takes…

A Florida judge has just handed the BBC a significant…

By – Rihem Akkouche
America July 22, 2026
Frank Bisignano Social Security Email Sparks…

A routine email meant to celebrate customer service improvements has…

By – Rihem Akkouche
America July 22, 2026
Unpopular War Escalates as Trump Threatens…

The Unpopular War between the United States and Iran continued…

By – Jackie Allen
America July 22, 2026
Unpopular War Escalates as Trump Threatens…

The Unpopular War between the United States and Iran continued…

By – Jackie Allen
America July 21, 2026
DNA Evidence Emerges as Singer D4vd…

The case against singer D4vd is entering a critical phase…

By – Jackie Allen
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 20, 2026
Texas Flooding Leaves 2 Dead, Bridges…

Texas flooding has left a trail of destruction across the…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen
America July 19, 2026
Iranian Billboards Targeting Trump Intensify as…

New Iranian billboards displayed in Tehran targeting President Donald Trump…

By – Jackie Allen
America July 18, 2026
Power Outage Disrupts Thousands Across San…

A major Power Outage disrupted large sections of San Francisco…

By – Jackie Allen
America July 18, 2026
Tate Brothers arrest in Florida: Andrew…

The Tate Brothers arrest became one of the most talked-about…

By – Jackie Allen
America July 17, 2026
Port-a-potty Rescue: Firefighters Free Man Trapped…

  A Port-a-potty Rescue in Kansas City, Missouri, has a…

By – Jackie Allen
America July 17, 2026
Scott Peterson Documentary Reexamines Evidence in…

Scott Peterson is once again at the center of national…

By – Jackie Allen
America July 20, 2026
AliExpress hit with $625M EU Fine…

The European Commission just dropped a bombshell on AliExpress, hitting…

By – Rihem Akkouche
America July 20, 2026
Taylor Farms lettuce sample produced false…

In a stunning reversal that whiplashed an already tense outbreak…

By – Rihem Akkouche
America July 20, 2026
Judge orders pause on Paramount and…

A federal judge has thrown a wrench into one of…

By – Rihem Akkouche
Business July 17, 2026
Trump Aide’s Kalshi Bets Expose Insider…

The Kalshi insider trading allegations against a White House teleprompter…

By – Michallie Harrison
America July 17, 2026
Scott Peterson Documentary Reexamines Evidence in…

Scott Peterson is once again at the center of national…

By – Jackie Allen
America July 16, 2026
Caitlin Clark Frustrated After Hard Foul…

Caitlin Clark continues to be one of the biggest attractions…

By – Jackie Allen
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 16, 2026
Caitlin Clark Frustrated After Hard Foul…

Caitlin Clark continues to be one of the biggest attractions…

By – Jackie Allen
America July 11, 2026
UFC Event Allegedly Targeted in White…

WASHINGTON, D.C. — A historic UFC Event held on the…

By – Jackie Allen
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter