Florida Massive Tort Legislation
Florida's businesses draft massive tort legislation package
- January 21, 2005
Proposals backed by Associated Industries of Florida (AIF) have drafted a massive tort legislation package calling for limiting civil liability, and in some cases, eliminating it completely. The proposals would benefit a wide array of businesses, including accountants, construction companies, retailers, utility companies, manufacturers and insurance companies.
The push is expected to mirror the 2003 disputes over medical malpractice insurance reform. The group is making its push because it is trying to get the legislation enacted while Gov. Jeb Bush is still in office.
A spokesman for the Association of Trial Lawyers of America in Washington, D.C., Carlton Carl, is outspoken on his views of the civil suit reform saying, "This sounds like legislation that would be introduced by 19 th century robber barons." Carl added, "It's clear the major industries.think individuals should be held responsible, but corporations should never bee responsible."
Targeting bad faith lawsuits by allowing insurers and other companies more time to settle claims or make payments is just one reform included in the proposals. The chief legal counsel for AIF, Mary Ann Stiles, said the reform proposals came after meetings with business leaders and owners in Florida. Bad faith lawsuits have been a longtime target of the insurance industry, and AIF wants companies to have more time to settle claims or payments.
Under the AIF proposal, insurance companies would be granted at least 180 days to settle claims before any bad faith lawsuit could be instituted. The insurance industry has long been trying to eliminate bad faith lawsuits, and some people think the four hurricanes that hit Florida last year have a lot to do with AIF pushing the bad faith proposal.
Critics of civil suit reform, and even some supporters, note that AIG successfully pushing though its agenda will mean a lot of injured victims will have no access to recourse in court. Eliminating bad faith lawsuits does not allow people who continue to pay premiums year after year to hold the insurance company accountable if refusing to honor the obligations to pay a claim.
Though the 111 pages of AIF proposals will be difficult to pass, they are expected to bring a lot of strong opinions and debates.
If
you would like more information on UnumProvident and bad faith legislation, please contact us to confer with a bad faith lawyer.
