Fla. High Court Clarifies Personal Injury Claims Rule

Law360, New York (February 5, 2010, 3:17 PM EST) -- In an dispute between Progressive Express Insurance Co. and a policyholder over unpaid benefits after an automobile accident, the Supreme Court of Florida has held that an amendment to the state insurance code requiring injured parties to give an insurance company notice before filing a lawsuit cannot be applied retroactively.

In a decision issued Thursday, penned by Judge Barbara J. Pariente, the state Supreme Court determined that a 2001 amendment to Florida Insurance Code Section 627.736(10) was a substantive alteration to the law that governed the...
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