Florida Law Update - Attorney’s Title Insurance Fund, Inc. vs. Gorka

In Attorney’s Title Insurance Fund, Inc. vs. Gorka, the Florida Supreme Court finally resolved the issue of whether a joint offer or proposal for settlement which is conditioned on the mutual acceptance of all joint offerees is invalid and unenforceable.  According to the Florida Supreme Court, such an offer or proposal for settlement is invalid because neither offeree can independently evaluate or settle his or her respective claim by accepting the offer or proposal.As you may know, the 2001 Amendment to section 627.736(11), Florida Statutes, requires a PIP insured to provide presuit notice to the insurer before filing an action for overdue benefits.  In Menendez vs. Progressive Express Ins. Co., the Florida Supreme Court held that the 2001 Amendment cannot be applied retroactively to an insurance policy issued prior to the effective date of the Amendment.In Liberty Surplus Ins. Co. vs. First Indemnity Insurance Services, Inc., the Fourth District Court of Appeal held that an insurance broker can be liable to an insurance company which suffers a loss as a result of the broker’s own fraudulent and/or negligent actions when providing information connected to the application for coverage.