(USA Herald) – Florida Governor Ron DeSantis and legislative leaders are making moves to reform the state’s legal system in a bid to reduce rising insurance costs. Their proposals include eliminating one-way attorney fees and fee multipliers for all lines of insurance. The legislators are also looking to “modernize” Florida’s bad faith statute and reform the state’s pure comparative negligence rule. The announcement was met with applause from Associated Industries of Florida, who believe the proposals will bring “balanced reform to our state’s legal system.”
However, not everyone is happy with the proposed reforms. The Florida Justice Association, a trial lawyers’ group, has called the measures an assault on Floridians’ rights by insurance companies. They argue that the proposed reforms will “block the courthouse doors,” preventing Floridians from holding others responsible and accountable for harm caused.
Investigative journalist Samuel Lopez, writing for the USA Herald, reports that Florida legislators are taking aim at one-way fees in insurance suits. One-way fees refer to a practice where, if a policyholder sues an insurance company and wins, the insurer must pay the policyholder’s attorney fees. This creates an incentive for attorneys to take on cases that may not have merit, knowing that they can collect fees from the insurer if they win.
The proposed legislation would eliminate one-way attorney fees and fee multipliers for all lines of insurance. The legislators hope that this will reduce frivolous lawsuits and make it more difficult for attorneys to abuse the legal system to generate fees.
During a press conference in Jacksonville, Governor DeSantis, Florida Senate President Kathleen Passidomo, and Florida House Speaker Paul Renner took aim at attorneys who they say are focused on generating fees in frivolous litigation against insurance companies. Passidomo criticized the Florida Bar for not doing more to stop these practices and said that the Legislature will have to step in to do it.
Governor DeSantis added that “activist attorneys” are currently abusing the one-way attorney fee statute to prolong litigation to increase their fees. He believes that the legal system is being used not to benefit someone who was harmed but benefiting lawyers.
The proposed legislation also aims to “modernize” Florida’s bad faith statute, which is intended to protect policyholders from insurers’ bad faith conduct. The legislators hope to update this statute to ensure that policyholders are adequately protected from insurers’ bad faith practices.
In addition, the legislators are proposing new standards for awarding medical damages that would require medical records, procedure codes, and information regarding health insurance reimbursement. The aim is to ensure that medical damages are awarded fairly and accurately, based on clear criteria.
The announcement was met with applause from Associated Industries of Florida, who believe that the proposals will bring “balanced reform to our state’s legal system.” They argue that ill-intentioned attorneys have taken advantage of the current legal system to manufacture frivolous lawsuits, which threaten businesses’ ability to operate, inhibit economic growth, and drive costs up for consumers.
However, the Florida Justice Association disagrees. They believe that the proposed reforms will block the courthouse doors, preventing Floridians from holding others responsible and accountable when they harm them or their families. The FJA opposes any legislation that takes away the rights of Floridians to hold others responsible and accountable.
In conclusion, the proposed reforms to Florida’s legal system have generated strong opinions on both sides. While some believe that the reforms will reduce frivolous lawsuits and bring balance to the legal system, others believe that they will block the courthouse doors and prevent Floridians from holding others responsible and accountable. Regardless of the outcome, it is clear that the debate over these proposed reforms will continue for some time.
