Colodny Fass Featured in Federation of Regulatory Counsel August 2012 Update

Aug 24, 2012


Colodny Fass attorneys were featured contributors to the Florida section of the Federation of Regulatory Counsel’s (“FORC”) August 2012 “FORC Alert.”  To view the publication, click here.  The articles are reprinted below.

Should you have any questions or comments, please contact Colodny Fass.


Second District Court of Appeal Upholds Constitutionality of Neutral Evaluation Process in State Farm Florida Insurance Company v. Buitrago

On June 29, 2012, in State Farm Florida Ins. Co. v. Buitrago, the Second District Court of Appeal once again upheld the constitutionality of the neutral evaluation process set forth in section 627.7074, Fla. Stat.  This is the second decision out of the Second DCA to hold that the process is constitutional.  Previously, on December 30, 2011, the Second DCA upheld the constitutionality of section 627.7074 in Cruz v. Cooperativa de Seguros Multiples de Puerto Rico, Inc.  This decision is currently on appeal in the Florida Supreme Court.

Fifth District Court of Appeal Rules Insurer Need Not Pay Future Bills From Provider That Knowingly Submitted Fraudulent Bills for the Same Claimant and Accident

On June 29, 2012, in the case of Chiropractic One v. State Farm, 2012 WL 2465012, (Fla. 5th DCA June, 29, 2012) the Fifth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company, thereby favorably interpreting portions of the fraud-fighting provisions of the 2003 Personal Injury Protection statutory changes.  To access the complete case summary, click here.  To access a copy of the court’s opinion, click here.

A Florida Appellate Court Rules Public Adjusters Can Attend Insured’s Examination Under Oath

In Nawaz v. Universal Property & Cas. Ins. Co., No. 4D10-4288 (Fla. 4th DCA, June 13, 2012), an appellate court has finally addressed the issue of whether an insured’s public adjuster may attend an Examination Under Oath.  To view a copy of the court’s opinion, click here.

Finally, Definitive Answers from the Florida Supreme Court on Bad Faith and the Effect of Non-Compliant Notice Provisions in Policies

In QBE Ins. Corp. v. Chalfonte Condominium Apartment Ass’n., Inc., the Florida Supreme Court issued its long-awaited decision on May 31, 2012 in response to questions certified from the United States Court of Appeals for the Eleventh Circuit as being determinative of a case pending in that court for which there was no controlling Florida precedent.  The case arises from a Hurricane Wilma insurance claim by a condominium association against its insurer, QBE.  The condo association was dissatisfied with QBE’s investigation and processing of its claim and filed suit alleging various claims for breach of contract, declaratory relief, statutory policy violations and breach of implied warranty of good faith and fair dealing.  A jury ultimately found QBE liable on all claims and the trial court entered a multi-million dollar judgment against QBE.  To access the complete opinion, click here.

Florida Supreme Court: 48-Hour Post-Disaster Ban on Public Insurance Adjuster Solicitations is Unconstitutional

On July 5, 2012, the Florida Supreme Court issued an opinion in the case of Atwater v. Kortum, in which it found that part of a 2008 Florida law restricting post-disaster solicitations by public insurance adjusters is unconstitutional.  To access a copy of the opinion, click here.

Florida Office of Insurance Regulation Establishes Speed-to-Market Property Casualty Personal Lines Form Filings Review

On June 25, 2012, the Florida Office of Insurance Regulation issued an Executive Order establishing “speed-to-market” review of all property and casualty personal lines forms except workers’ compensation.  The certification process will be identical to the system established for commercial form filings earlier in 2012.  To access a copy of the Order, click here.