The decisions
- Safeco Insurance Co. of Illinois v. Locklair (M.D. Fla., September 29, 2026) — An early federal reading of § 624.155(4)(a): shipping a full-limits check to claimant's counsel's correct address is a tender despite disputed receipt, and a modifiable proposed release does not make it conditional. Read it →
- James R. Stewart, Jr. v. Universal Property & Casualty Insurance Company (2nd DCA, September 25, 2026) — Denying a mistrial is an abuse of discretion when a sudden medical emergency keeps a party from attending and testifying. A concurrence limits the homeowners neglect exclusion to post-loss conduct. Read it →
- Progressive Select Insurance Company v. Marrietta Reinberger (2nd DCA, September 18, 2026) — Future medical expenses must be reasonably certain. A life care plan resting on possibilities warrants directed verdict, and reciting 'reasonable degree of medical certainty' does not cure it. Read it →
- Alexander Marine Co., Ltd. v. Fubon Insurance Company, Ltd. (4th DCA, September 16, 2026) — A clause making disputes 'subject to Taiwanese Law and Jurisdiction' is permissive because it lacks exclusivity words like 'shall' or 'only,' so it cannot support dismissal. Read it →
- Oxonian v. GEICO General Insurance Company (M.D. Fla., September 14, 2026) — A third-party bad-faith claim failed because a stay-relief order limiting recovery to the insurer and a Chapter 13 discharge left the insured without damages. The order was not an assignment. Read it →
- Progressive American Insurance Co. v. Heimler (4th DCA, September 9, 2026) — An unauthorized UM settlement creates a rebuttable presumption of prejudice. 'Probable insolvency' and 'judgment proof' are one test: would a reasonably prudent insurer have rejected settlement and pursued the tortfeasor? Read it →
Plus 3 more insurance decisions in September 2026 — all in the tracker.
The practical upshot
- For § 624.155(4)(a) tenders, document the full-limits check, the correct counsel address, tracked delivery, and any release expressly marked proposed and modifiable. Claimants should scrutinize each element.
- Test life care plans line by line. Tie each future expense to the treater's actual plan rather than possibilities, regardless of 'medical certainty' phrasing.
- Word stay-relief orders, judgments, and forum clauses deliberately. Limiting recovery to insurance can defeat bad-faith claims, and forum exclusivity requires words like 'shall' or 'only.'
Track Florida insurance law as it happens. New insurance decisions, explained in plain English, every week.
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