Fla. High Court Lets Insurer Appraise Hurricane Claims

Law360, New York (June 30, 2011, 5:03 PM EDT) -- Florida's highest court on Tuesday quashed a ruling that barred a local insurance guaranty association from compelling an appraisal of a neighborhood association's property loss claims, finding that lower courts had misapplied the test for determining the relevant statute's retroactivity.

The Florida Supreme Court's controlling precedent requires courts to apply a two-prong test in determining the question of retroactivity of a legislative enactment by first addressing whether the legislature clearly expressed an intent that the statute be applied retroactively and then questioning whether retroactive application would...
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