Fla. Insurance Reforms Could Clobber Smaller Legal Claims, Law 360, Brett Smith quoted, 2-16-2023

Attorneys who represent policyholders are concerned over proposed changes to the way insurance claims are litigated in Florida, calling the planned revision a blunt object that could prevent those with more minor but legitimate cases from finding representation. (subscribers click READ MORE for full article)

The current system incentivizes costly litigation, according to Brett Smith of Kaufman Dolowich & Voluck LLP. “Why wouldn’t you bring a lawsuit if you can obtain one-way attorney fees?” Smith said. “Why not threaten bad faith or bring bad faith claims if you can increase your own fees? There needs to be a mindset of taking it back to the purpose of the system, which is to bring a resolution to these claims.”

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