[RPPTL LandTen] FW: Proposed Changes to Section 627.4137

Wed May 8 12:20:12 PDT 2013

Does a common law bad faith claim allow for prevailing party attorneys'
fees?  If not, I believe that should be included in the revisions as well.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

andrew at garofalolaw.net

Garofalo Law Office P.A.
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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of
rick.eckhard at hklaw.com
Sent: Tuesday, April 30, 2013 5:58 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] FW: Proposed Changes to Section 627.4137

Greetings, committee members-   We have been asked to comment upon proposed
changes Chapter 627, FS, which would subject to a claim of common law bad
faith any insurance carrier refusing to provide the statutorily required
information to a claimant.  I would greatly your thoughts regarding the
proposed changes.   Thank you, Rick 

Richard Eckhard | Holland & Knight

Equity Partner

100 North Tampa Street, Suite 4100 | Tampa FL 33602

Phone 813.227.6417 | Fax 813.229.0134

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From: Wright, Wm. Cary [mailto:cwright at carltonfields.com] 
Sent: Tuesday, April 30, 2013 11:54 AM
To: Arnold D. Tritt, Jr.; Roberts, Hardy L.; Pence, Scott; Heron, Lisa
Colon; Arthur J. Menor; Michael J. Gelfand; Peter M. Dunbar;
smezer at bushross.com; Neil B. Shoter; kfernandez at kfernandez.fdn.com
Cc: Fred Dudley; Kurian, Sanjay; Lee A. Weintraub; Michael G. Meyer
Subject: Proposed Changes to Section 627.4137

Everyone:

I trust all is well.

Attached are proposed revisions to section 627.4137, Florida Statutes, that
have been approved by the Insurance & Surety Committee.  The goal is to
circulate a white paper prior to the Breakers Meeting so that we can obtain
Executive Council approval.  Section 627.4137 permits a claimant to request
a copy of relevant policies and coverage positions by carriers.  Currently,
many times these statutory requests are ignored by opposing parties and
their carriers.  The purpose of the proposed changes is ensure better
compliance with the statute.  Please circulate within your respective
committees and provide us any input and comments they may have.  

Pete, we welcome your insight and guidance through this process.  If we are
able to obtain Executive Council approval, we would be looking for sponsors
next legislative session.

Michael, if we should send these proposed changes to another committee,
please let me know, or feel free to forward yourself.

Thanks to everyone.

Cary

Carlton Fields
Wm. Cary Wright
Attorney at Law

Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780 
Direct:  813.229.4135 | Fax:  813.229.4133

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