The Impact of Florida’s Tort Reform Bill on Insurance Litigation

We wanted to bring your attention today to a new client alert two of our Insurance practice colleagues have written highlighting Florida’s recent tort reform bill and its impact on insurance litigation.

On March 24, 2023, a sweeping tort reform bill was signed into law by Florida Governor Ron DeSantis. House Bill 837 was touted by DeSantis as being designed to reduce frivolous lawsuits and prevent predatory practices of trial attorneys. Notably, the bill will have a significant impact on insurance litigation as it modifies the bad faith framework, eliminates one-way attorneys’ fees, shortens the statute of limitations for negligence claims and changes the comparative negligence standard.

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A New Study Highlights the Need for Long-Term Care Planning

A report recently issued by HealthView Services, “Long-Term Care & Financial Planning,”  summarized the likelihood that individuals will require long-term care (LTC) and the expected costs associated with such care. The study indicates that a healthy 65-year-old male/female couple has a 44% and 56% chance (respectively) of needing some level of LTC if each spouse attains their actuarial life expectancy. Combined, there is a 75% chance that at least one of them will require LTC.

The report also projected the future cost of LTC. Taking the same 65-year-old male/female couple, if they both only needed one year of LTC, their projected combined (national average, future value) costs are estimated at $398,000 for a nursing home or $223,000 for 44 hours of weekly home health care.

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