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Florida Justice Reform Institute

A fight over insurance attorney fees is refuled in Florida

March 13, 2025/in wmnf.com

Wmnf

 Property insurance. by designer481 via iStock for WMNF News.

Posted on March 13, 2025 • by News Service of Florida for WMNF

By Jim Saunders ©2025 The News Service of Florida

TALLAHASSEE — More than two years after the Legislature clamped down on lawsuits against property insurance companies, a House panel Thursday reopened a major debate about attorney fees when homeowners and insurers battle over claims.

The House Civil Justice & Claims Subcommittee voted 16-1 to approve a bill (HB 1551) that would revamp a 2022 law that shielded property insurers from paying customers’ attorney fees. The insurance industry argues the law has reduced costly litigation and helped revive the market after financial troubles.

But supporters of Thursday’s bill said the 2022 law was tilted too far toward insurers and led to homeowners being unable to fight companies over wrongfully denied claims.

“At some point, we as a Legislature have got to make sure that we’re standing up for the people of Florida and maybe not the insurance companies of Florida,” Rep. Michele Rayner, D-St. Petersburg, said.

Opponents of the bill, however, said the law has worked in helping attract carriers to Florida and holding down rates. They warned that the bill would undo the progress.

“Kudos to you. It (the law) is working,” Katelyn Ferry, who represented the business-backed Florida Justice Reform Institute, told the House panel. “Why are we fixing it?”

Attorney fees have long been a major battleground in insurance debates. Before the 2022 law, Florida had what is often described as a “one-way” attorney fee system for property insurance. Essentially, that meant If a policyholder successfully sued an insurer over a wrongfully denied claim, the insurer would be responsible for paying the policyholder’s attorney fees.

Supporters of the fee system said it ensured consumers would be able to go to court to challenge deep-pocketed insurers. But opponents said it provided an incentive for plaintiffs’ attorneys to flood the courts with lawsuits and drained money from the industry..

With carriers dropping large numbers of policies, increasing rates and, in some cases, going insolvent, lawmakers in 2022 eliminated the one-way fee system for property insurance. They followed in 2023 by passing legal changes that more broadly helped insurers.

The insurance industry and other supporters of eliminating one-way attorney fees, including Gov. Ron DeSantis, argue the change has helped the property insurance market bounce back.

The House bill would shift to what sponsor Hillary Cassel, R-Dania Beach, described as a “loser pays” fee system. If a policyholder sues an insurer, the judge would award attorney fees to whichever side prevails in the case.

Cassel said the approach would provide an incentive to settle disputes, while restoring “balance.”

“This bill does not bring us backward,” said Cassel, an attorney who represents consumers in cases against insurance companies. “But this bill does bring us balance. We are currently in an unbalanced, unjust system.”

The bill drew support from the groups such as the Florida Justice Association, which represents plaintiffs’ attorneys. It faced opposition from groups such as Associated Industries of Florida, the Florida Chamber of Commerce, the Florida Insurance Council and the Personal Insurance Federation of Florida, which represents national insurers.

“We believe this bill points us back in the direction of less options and a more unstable market by being less focused on the true needs of policyholders, whether they be homeowners or businesses, and more focused on the needs of the lawyers,” Associated Industries of Florida lobbyist Adam Basford said.

Rep. Susan Plasencia, R-Orlando, cast the dissenting vote Thursday. The bill would need to clear two more House panels before it could go to the full House. Sen. Jonathan Martin, R-Fort Myers, has filed a similar bill (SB 426) in the Senate.

A fight over insurance attorney fees is refuled in Florida

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 Becky Lannon https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg Becky Lannon2025-03-13 14:38:462025-05-20 16:42:43A fight over insurance attorney fees is refuled in Florida
Florida Justice Reform Institute

Law experts have conflicting thoughts on new Florida tort reform

July 21, 2023/in wmnf.com

wmnf

July 21, 2023 by Chris Young 

Tampa Tiger Bay William Large

In March, Governor Ron DeSantis signed HB 837, a law overhauling Florida’s litigation landscape. A panel of law experts spoke to a civic group in Tampa about the law.

The law is referred to as tort reform, and makes a variety of changes. But the biggest one is regarding cases of negligence.

Previously, a plaintiff was entitled to recover a percentage of damages proportionate to the degree of fault of the defendant.

Under this new law, if a plaintiff is more negligent than the defendant, the plaintiff cannot recover.

Steve Barnes is President of Tampa Bay Trial Lawyers Association.

“Is tort reform harmful to Florida and my families? One hundred percent it is. I was born and raised here, I work here, I represent folks like you every single day. And if I thought for one moment what happened in March of this year was good for you, good for my two girls, good for my three boys? I’d be sitting in his seat instead of mine.”

And by his seat, he means William Large with The Florida Justice Reform Institute.

“This creates a vibrant insurance market in Florida, a vibrant business market in Florida, protects the rights of consumers in Florida, and, unequivocally, that’s the role of the legislature and that’s why they passed this law.”

The law went into effect July 1st

https://www.wmnf.org/law-experts-have-conflicting-thoughts-on-new-florida-tort-reform/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-07-21 15:55:222024-12-05 14:53:09Law experts have conflicting thoughts on new Florida tort reform
Florida Justice Reform Institute

DeSantis names Meredith Sasso to Florida Supreme Court

May 23, 2023/in wmnf.com

wmnf

May 23, 2023 by Staff 

Florida Supreme Court

Florida Supreme Court
By Jim Saunders ©2023 The News Service of Florida

TALLAHASSEE — Continuing to mold a conservative Florida Supreme Court, Gov. Ron DeSantis on Tuesday named Meredith Sasso to succeed former Justice Ricky Polston, who stepped down in March.

Sasso, of Orlando, has served as a state appeals-court judge since 2019 and is chief judge of the Lakeland-based 6th District Court of Appeal. Her previous positions included chief deputy general counsel for former Gov. Rick Scott.

With the pick, DeSantis has appointed five of the seven Supreme Court members, as the court has become dramatically more conservative since the Republican governor took office in January 2019.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” DeSantis said in a prepared statement.

Since Polston announced his resignation, speculation had swirled about Sasso as a potential successor. Along with serving in the Scott administration, she has been active in The Federalist Society, a conservative group that has played a key role in state and federal judicial appointments.

In her application for the Supreme Court seat, Sasso wrote that while working in the executive branch of government, she “gained an informed appreciation for the separation of powers.”

“Appropriate deference to coordinate branches is not a matter of courtesy; it is essential for the people’s chosen representatives to operate,” Sasso wrote. “Likewise, judicial decisions are not the only available solution to problems. When judges step outside their role, they often justify it by claiming an altruistic purpose of correcting a perceived injustice. But as judges, we should honor both our defined role and the overall system in which we operate.”

The Florida Justice Reform Institute, a legal group that advocates on issues such as limiting lawsuits against businesses, praised the appointment. William Large, the organization’s president, issued a statement that said the pick continued DeSantis’ efforts to carry out a promise to reshape the Supreme Court.

“The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism and the notion that the courts should interpret our laws, not write them.” Large said.

Sasso will join Chief Justice Carlos Muniz and Justices John Couriel, Jamie Grosshans and Renatha Francis as DeSantis appointees on the court. Justices Charles Canady and Jorge Labarga were appointed by then-Republican Gov. Charlie Crist.

Before DeSantis took office, the Supreme Court had a generally liberal majority — much to the frustration of state Republican leaders and business groups. But three longtime justices, Barbara Pariente, R. Fred Lewis and Peggy Quince, left the court in early 2019 because of a mandatory retirement age, allowing DeSantis to make appointments.

Polston, another Crist appointee, was usually part of a conservative majority, so it is unclear how much Sasso will affect the ideology of the court. Labarga is the only remaining justice from the more-liberal previous majority.

After Polston announced his resignation, three candidates, including Sasso, initially applied to succeed him. But the Florida Supreme Court Judicial Nominating Commission extended a deadline and drew 15 applicants.

The commission forwarded the names of six finalists to DeSantis. In addition to Sasso, the finalists were 6th District Court of Appeal Judges Joshua Mize, Jared Smith and John Stargel, Hillsborough County Circuit Judge Thomas Palermo and 20th Judicial Circuit Chief Judge Thomas McHugh.

Sasso became a judge on the 5th District Court of Appeal in 2019 and shifted to the newly created 6th District Court of Appeal this year after a reorganization of the appellate-court system.

In her application, Sasso gave examples of opinions she had written, including a 2020 opinion about the dismissal of a former church employee that Sasso described as testing “the reach of secular judicial power.” Sasso’s opinion rejected a lawsuit alleging breach of an employment agreement, finding that what is known as the “ecclesiastical abstention doctrine” left the issue to church authorities.

“The case is significant because it demonstrates that a secular court’s only legitimate role in resolving disputes related to religious doctrine is to ensure those disputes are committed to religious authorities,” Sasso wrote in a description of the case.

Sasso has ties to Grosshans, who also served on the 5th District Court of Appeal before being appointed to the Supreme Court in 2020. Sasso spoke at a Supreme Court investiture ceremony for Grosshans in 2021, according to Sasso’s application.

Sasso, who grew up in Tallahassee, received bachelor’s and law degrees from the University of Florida. Her paternal grandparents left Cuba in 1953, according to the application.

After stepping down from the Supreme Court, Polston became general counsel of the state-backed Citizens Property Insurance Corp. He had served on the Supreme Court since 2008.

https://www.wmnf.org/desantis-names-meredith-sasso-to-florida-supreme-court/  

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-05-23 15:55:162024-12-05 15:41:50DeSantis names Meredith Sasso to Florida Supreme Court
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