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St. Thomas Law Review

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Document Type

Article

Abstract

Florida was admitted as the 27th state on March 3, 1845. For the majority of its existence as a state, consumer protections have been a cornerstone of Florida insurance law. In 1893, as the state grew, the Florida legislature enacted the first statute which authorized the recovery of reasonable attorney fees against life and fire insurance companies. In 1982, recognizing the need for further consumer protections, Florida created the Civil Remedy statute authorizing a first-party civil action against insurers due to bad faith conduct; however, despite such consumer protections remaining necessary to “level the playing field” between corporations and consumers, Florida, from the governor’s office down, has recently crusaded to remove such safeguards. Through a legislature governed by a Republican supermajority, these historic protections have been stripped away through the passing of Senate Bill 2-A. While Senate Bill 2-A enacted a wide range of reforms, some of which do, in fact, favor consumers, this analysis will concentrate on the changes to the long-standing attorney fee and bad faith statutes in the context of property insurance policies. First, the history, intent, and application of such laws by courts throughout the state will be addressed. The recent legislation altering these long-standing laws will then be examined. Finally, a complete analysis regarding the potential retroactive application of the newly enacted laws to existing contracts and claims, and the possible effects of the law moving forward, will be performed.

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