FOLLOW US

Sun

July 5, 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
Samuel Lopez
1630 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
America July 03, 2026
Two Dead, One Injured in Chaotic Shooting at Michigan Mall
By – Rachel Moore
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 3, 2026
7-Eleven Sues Nike Over Alleged Air…

INSIDE THIS REPORT Nike faces a federal trademark lawsuit over…

By – Samuel Lopez
America July 3, 2026
16 Children Rescued From Ohio Home…

16 Children have been rescued from what Ohio authorities describe…

By – Jackie Allen
America July 3, 2026
Avi Loeb’s UAP Council Promises Proof—But…

Inside This Report Unresolved UAP cases are not proof of…

By – Samuel Lopez
Business July 3, 2026
Matthias Bernard, Sofitel GM, Sued in…

A federal-and-state, seven-figure premises-liability action names the Sofitel Barcelona Skipper…

By – Rochdi Rais
America July 3, 2026
NASA Launches Swift Rescue Mission –…

Inside This Report A three-armed robotic spacecraft named LINK launched…

By – Samuel Lopez
High Profile Court Cases July 3, 2026
Massive FBI Surge Signals Escalating Probe…

The Federal Bureau of Investigation has launched a significant new…

By – Tyler Brooks
America July 3, 2026
Your Guide to the Unforgettable America250…

The United States has reached a monumental turning point in…

By – Tyler Brooks
America July 3, 2026
The Hidden Foundations Why America Is…

As the United States celebrates its 250th anniversary, it is…

By – Tyler Brooks
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
America July 2, 2026
Kroger Strikes $1.65 Billion Deal to…

Kroger announced Wednesday it will acquire regional supermarket chain Giant…

By – Rachel Moore
America July 2, 2026
July 3, 2026: What’s Open and…

As the nation gears up for the 250th anniversary of…

By – Rachel Moore
America July 2, 2026
Woman Shoots Man Dead in Walmart…

A heated argument over a parking space in a Florida…

By – Rihem Akkouche
America July 2, 2026
JonBenét Ramsey Case Returns to Spotlight…

JonBenét Ramsey is once again making headlines as Netflix prepares…

By – Jackie Allen
America July 1, 2026
NASA Opportunity Rover Image of Strange…

The NASA Opportunity Rover has once again sparked fascination after…

By – Jackie Allen
America June 30, 2026
Reflecting Pool Becomes Political as Biden…

The Reflecting Pool at the Lincoln Memorial has become the…

By – Jackie Allen
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
America June 27, 2026
Strait of Hormuz Conflict Escalates as…

The Strait of Hormuz remains one of the world’s most…

By – Jackie Allen
America June 27, 2026
Confidential Sources at Center of Catherine…

Confidential sources are once again at the center of a…

By – Jackie Allen
Arizona July 2, 2026
The Nancy Guthrie Mystery Deepens As…

The search for 84-year-old Nancy Guthrie continues to command national…

By – Tyler Brooks
Arizona June 30, 2026
What the Upcoming Supreme Court Ruling…

The landscape of American democracy is bracing for a major…

By – Tyler Brooks
America June 29, 2026
U.S. Holiday Week Heatwave is Here;…

If you’re out of sunblock, it’s time to stock up.…

By – Macie LaCau
America June 27, 2026
Confidential Sources at Center of Catherine…

Confidential sources are once again at the center of a…

By – Jackie Allen
America June 27, 2026
JonBenét Ramsey Case: DNA Evidence Remains…

JonBenét’s father, John Ramsey, says he does not believe the…

By – Jackie Allen
America June 26, 2026
Meta Layoffs Continue Despite Record Profits…

Meta Layoffs are once again making headlines after the social…

By – Jackie Allen
Entertainment July 3, 2026
Secret Identities Revealed The Hollywood Icons…

The glitz and glamour of the silver screen often feel…

By – Tyler Brooks
Entertainment July 3, 2026
Chilling Video Evidence Reveals Pooh Shiesty…

A high stakes legal battle has taken a dramatic turn…

By – Tyler Brooks
Financial Investigations July 3, 2026
Teenager Extradited to the US After…

The shadowy world of high stakes cybercrime has been thrust…

By – Tyler Brooks
Florida News July 3, 2026
Why Your Neighbor Might Be Breaking…

As the Fourth of July draws near, neighborhoods across the…

By – Tyler Brooks
America July 2, 2026
Can Avi Loeb’s UAP Council Actually…

INSIDE THIS REPORT Avi Loeb’s new Medium post lays out…

By – Samuel Lopez
America July 2, 2026
California Drivers Say AI Is Quietly…

Inside This Report Three California drivers are suing roughly a…

By – Samuel Lopez
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
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
Health June 25, 2026
Temperatures in France were higher than…

The images coming out of Europe this week are nothing…

By – Tyler Brooks
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
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen
America June 22, 2026
Lionel Messi, at 39, Shatters All-Time…

Lionel Messi has done it again. The Argentine superstar etched…

By – Rihem Akkouche
Pennsylvania June 22, 2026
Will a Massive Storm Derail the…

The 2026 FIFA World Cup is already delivering unforgettable moments…

By – Tyler Brooks

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter