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“Fla. Rulings Splinter Suit Notice Requirement Across State,” in Law 360 Insurance Authority, quoted Partner Joseph Miele, 12-7-2023

Posted Dec 8, 2023

Conflicting state appellate rulings in Florida may create uncertainty for property insurance policyholders and federal courts about whether a state law requiring such policyholders to notify regulators before suing their insurers… 

“Federal courts are bound by existing appellate court law unless they think they (state) Supreme Court would rule differently,” said Joseph R. Miele, Jr. a Florida-based insurer attorney with Kaufman Dolowich LLP, told Law360. “Now that there’s a split in authority, a federal court now can look at the Sixth District and the fourth District’s decisions, and then it could choose which one it thinks the Florida Supreme Court would adopt.”  Subscribers can read full article at Read More link

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