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Florida courts beware: ALI Restatement of the Law – Liability Insurance

The American Law Institute (ALI) publishes “Restatements of Law” to provide a reference on existing case law and common law principles. Their recent Restatement of the Law – Liability Insurance has been getting panned by lawyers, governors, regulators and scholars for not accurately restating liability insurance law and in many cases inappropriately suggesting what they […]

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FTC joins FDA in crackdown on CBD claims

On September 10, 2019, the Federal Trade Commission (FTC) issued a press release regarding its regulation of unsubstantiated health claims and cannabidiol (CBD) infused products, noting that it has sent out warning letters to companies not in compliance.  The FTC has not named the 3 companies that received warning letters, but stated that the claims […]

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Court of Appeal Confirms Medical Marijuana Licensing Statute Unconstitutional

The Florida First District Court of Appeal issued an Order in the Florigrown case on Tuesday August 27, 2019, denying the Department of Health’s motion for en banc review, and certifying the case as a question of great importance to the Florida Supreme Court. The operative effect of this order is that the original ruling […]

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Recap of 2019 legislative session insurance bills passed.

General Insurance Omnibus (HB 301) CAT Fund LAE – Raises Florida CAT Fund LAE reimbursement from 5% to 10% (Effective 6/1/2019 – affects current contracts) Electronic Salvage Title – Allows title of totaled vehicle to be forwarded electronically to DHSMV Work Comp Applications – Work Comp applicants & agents no longer require notarized sworn statements […]

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Florida passes property AOB Reform with attorney fee formula.

For the last decade, the Florida property insurance market has been plagued by fraud within non-catastrophic claims enabled by a tool called “Assignment of Benefits (AOB).” This fraud has led to a 900% increase in lawsuits involving an AOB since 2008 and caused dramatic rate increases despite no hurricane making landfall in Florida in the […]

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The USDA issued a legal opinion on hemp cultivation and processing in the US.

Yesterday, the USDA issued a legal opinion from the office of its general counsel on hemp cultivation and processing in the US after the 2018 Farm Bill. Of note are the following findings: Regardless of whether a state has instituted a hemp program, it cannot prevent the interstate transportation of hemp lawfully grown under another […]

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2019 Insurance Legislative Wrap-Up

AOB – The session started with a bold prediction; “AOB would pass this session.” The question was if it would be significant in combating the problem of AOB’s and their impact as a significant cost driver on property and auto glass costs. It was decided early on to treat both auto glass and homeowners abuses […]

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CBD Oil in Alcoholic Beverages

In Late April, the Federal Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a notice on the addition of CBD oil to alcoholic beverages. For reference, TTB must approve all new formulas of alcoholic beverages sold in the US, even if sold only within a single state. Notably (and not surprisingly) TTB has taken […]

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2019 Passed Healthcare Bills

Summary of successful key health care policy reform legislation. HB23 Telehealth  On Monday April 29, the Florida Senate passed HB 23, which establishes criteria for out-of-state providers for the provision of health care services in this state remotely, via telephone, internet or any other such mode of long-distance transmission.  The bill permits, but does not […]

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