SB 76 also requires insurers to have a procedure in place to promptly investigate, review, and evaluate the notices of intent. The legislation requires an insurer to respond within 10 business days after receiving the notice. If the notice of intent alleges a denial of coverage, the insurer must respond by either accepting coverage, continuing to deny coverage, or asserting its right to re-inspect the property. If the insurer chooses the latter, it must re-inspect the property within 14 business days and then indicate whether it will continue to deny coverage or accept coverage. For claims where the dispute is not a denial of coverage, SB 76 requires the insurer to make a settlement offer or require the claimant to participate in alternative dispute resolution. If alternative dispute resolution is not concluded within 90 days after the expiration of the 10-day notice of intent, the claimant may file suit without further notice to the insurer. The presuit process introduced in SB 76 is not optional for claimants. Under the legislation, a court must dismiss without prejudice any suit where there was no notice of intent provided to the insurer, or if the presuit period did not properly conclude. Along with the new presuit process for residential and commercial property claims, the Florida Senate also implemented reforms to the statutory award of attorneys’ fees in such lawsuits. Previously, if a claimant only recovered a small proportion of which it sought, the claimant would still recover all its reasonable attorneys’ fees and costs. Under the new legislation, the amount recovered by the claimant will determine the amount of attorneys’ fees and costs the claimant could recover from the insurer. The changes only impact lawsuits where the claimant is not an assignee of the policy. The changes to the award of statutory attorneys’ fees and costs are as follows: If the difference between the amount recovered by the claimant and the presuit settlement offer is less than 20% of the disputed amount, then the claimant is not entitled to recover any attorneys’ fees and costs, as each party would be responsible for its own fees and costs. If recovery is greater than 20% but less than 50% of the disputed amount, the insurer would pay the claimant’s attorneys’ fees and costs equal to the percentage of the disputed amount obtained. In cases where the claimant recovers more than 50% of the disputed amount, the insurer would have to pay all the claimant’s attorneys’ fees and costs. In addition to the reforms mentioned above, SB 76 addresses several issues related specifically to roof claims. Notably, the legislation prohibits advertisements by contractors that encourage, instruct, or induce a consumer to contact a contractor or public adjuster to make an insurance claim for roof damage. SB 76 also prohibits soliciting by contractors, including both in-person and electronic solicitation (phone, email, text, etc.).https://www.jdsupra.com/legalnews/florida-senate-passes-legislation-to-3200654/
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Biden Pushes Broad Economic Agenda in Speech to Congress President’s proposals include an American Families Plan, which calls for $1.8 trillion for child care, education and paid leave In his first address to Congress, President Biden called for huge federal investments, including $2.3 trillion in infrastructure and $1.8 trillion in family and education programs. Gerald F. Seib unpacks the four main takeaways from the speech. Photo illustration: Ksenia Shaikhutdinova WASHINGTON—President Biden declared “America is ready for a takeoff” as he pitched a sweeping vision for greater government investment to boost the economy, including a $1.8 trillion proposal for new spending on child care, education and paid leave. Addressing a joint session of Congress for the first time as president on Wednesday, Mr. Biden sought to strike a hopeful tone just ahead of his 100th day in office, stressing his efforts to combat the pandemic, expand Covid-19 vaccinations—which he urged all Americans to get—and spur economic growth. “America is moving. Moving forward. And we can’t stop now,” he said, in remarks that ran just over an hour. “We’re in competition with China and other countries to win the 21st century.” The prime-time address looked different this year under pandemic restrictions, with a small group of masked attendees, no in-person guests hosted by the first lady and more muted applause. Mr. Biden used the moment to sell lawmakers and the public on his economic proposals, including his try here new American Families Plan , as well as renew his support for a long list of Democratic priorities, including passing legislation on policing, gun control and immigration. “We have to prove democracy still works. That our government still works and we can deliver for our people,” said Mr. Biden. He appealed to Republicans to work with him.https://www.wsj.com/articles/biden-to-propose-1-8-trillion-plan-aimed-at-families-tax-hikes-for-wealthiest-americans-11619600400