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RPPTL Real Estate Leasing Committee

[RPPTL LandTen] FW: Proposed Changes to Section 627.4137

rick.eckhard (at) hklaw.com

Tue, Apr 30, 2013 9:57 PM

Add to address bookhttp://www.hklaw.com/vcard.aspx?user=Reckhard | View professional biographyhttp://www.hklaw.com/id77/biosReckhard

From: Wright, Wm. Cary [mailto:cwright@carltonfields.com]
Sent: Tuesday, April 30, 2013 11:54 AM
To: Arnold D. Tritt, Jr.; Roberts, Hardy L.; Pence, Scott; Heron, Lisa Colon; Arthur J. Menor; Michael J. Gelfand; Peter M. Dunbar; smezer@bushross.com; Neil B. Shoter; kfernandez@kfernandez.fdn.com
Cc: Fred Dudley; Kurian, Sanjay; Lee A. Weintraub; Michael G. Meyer
Subject: Proposed Changes to Section 627.4137

Everyone:

I trust all is well.

Attached are proposed revisions to section 627.4137, Florida Statutes, that have been approved by the Insurance & Surety Committee. The goal is to circulate a white paper prior to the Breakers Meeting so that we can obtain Executive Council approval. Section 627.4137 permits a claimant to request a copy of relevant policies and coverage positions by carriers. Currently, many times these statutory requests are ignored by opposing parties and their carriers. The purpose of the proposed changes is ensure better compliance with the statute. Please circulate within your respective committees and provide us any input and comments they may have.

Pete, we welcome your insight and guidance through this process. If we are able to obtain Executive Council approval, we would be looking for sponsors next legislative session.

Michael, if we should send these proposed changes to another committee, please let me know, or feel free to forward yourself.

Thanks to everyone.

Cary

[Carlton Fields]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133

cwright@carltonfields.com mailto:cwright@carltonfields.com | www.carltonfields.com http://www.carltonfields.com/
biohttp://www.carltonfields.com/cwright/ | vcardhttp://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d

Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Greetings, committee members- We have been asked to comment upon proposed changes Chapter 627, FS, which would subject to a claim of common law bad faith any insurance carrier refusing to provide the statutorily required information to a claimant. I would greatly your thoughts regarding the proposed changes. Thank you, Rick Richard Eckhard | Holland & Knight Equity Partner 100 North Tampa Street, Suite 4100 | Tampa FL 33602 Phone 813.227.6417 | Fax 813.229.0134 rick.eckhard@hklaw.com<mailto:rick.eckhard@hklaw.com> | www.hklaw.com<http://www.hklaw.com/> Add to address book<http://www.hklaw.com/vcard.aspx?user=Reckhard> | View professional biography<http://www.hklaw.com/id77/biosReckhard> From: Wright, Wm. Cary [mailto:cwright@carltonfields.com] Sent: Tuesday, April 30, 2013 11:54 AM To: Arnold D. Tritt, Jr.; Roberts, Hardy L.; Pence, Scott; Heron, Lisa Colon; Arthur J. Menor; Michael J. Gelfand; Peter M. Dunbar; smezer@bushross.com; Neil B. Shoter; kfernandez@kfernandez.fdn.com Cc: Fred Dudley; Kurian, Sanjay; Lee A. Weintraub; Michael G. Meyer Subject: Proposed Changes to Section 627.4137 Everyone: I trust all is well. Attached are proposed revisions to section 627.4137, Florida Statutes, that have been approved by the Insurance & Surety Committee. The goal is to circulate a white paper prior to the Breakers Meeting so that we can obtain Executive Council approval. Section 627.4137 permits a claimant to request a copy of relevant policies and coverage positions by carriers. Currently, many times these statutory requests are ignored by opposing parties and their carriers. The purpose of the proposed changes is ensure better compliance with the statute. Please circulate within your respective committees and provide us any input and comments they may have. Pete, we welcome your insight and guidance through this process. If we are able to obtain Executive Council approval, we would be looking for sponsors next legislative session. Michael, if we should send these proposed changes to another committee, please let me know, or feel free to forward yourself. Thanks to everyone. Cary [Carlton Fields] Wm. Cary Wright Attorney at Law Board Certified in Construction Law 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4135 | Fax: 813.229.4133 cwright@carltonfields.com<mailto:cwright@carltonfields.com> | www.carltonfields.com<http://www.carltonfields.com/> bio<http://www.carltonfields.com/cwright/> | vcard<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-d67039e0882d> Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. ________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Andrew F. Garofalo

Wed, May 8, 2013 7:20 PM

Does a common law bad faith claim allow for prevailing party attorneys'
fees? If not, I believe that should be included in the revisions as well.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

andrew@garofalolaw.net

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
T: (888) 658-8686 | F: (888) 658-7360
www.garofalolaw.net http://www.garofalolaw.net/

The information in this communication (including any attachments) is
privileged and confidential. If you are not the intended recipient, nor the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any dissemination or copying of this
communication (including any attachments) is strictly prohibited. If you
have received this communication in error, please notify the sender. Thank
you.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of
rick.eckhard@hklaw.com
Sent: Tuesday, April 30, 2013 5:58 PM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] FW: Proposed Changes to Section 627.4137

Richard Eckhard | Holland & Knight

Equity Partner

100 North Tampa Street, Suite 4100 | Tampa FL 33602

Phone 813.227.6417 | Fax 813.229.0134

mailto:rick.eckhard@hklaw.com rick.eckhard@hklaw.com |
http://www.hklaw.com/ www.hklaw.com

http://www.hklaw.com/vcard.aspx?user=Reckhard Add to address book |
http://www.hklaw.com/id77/biosReckhard View professional biography

From: Wright, Wm. Cary [mailto:cwright@carltonfields.com]
Sent: Tuesday, April 30, 2013 11:54 AM
To: Arnold D. Tritt, Jr.; Roberts, Hardy L.; Pence, Scott; Heron, Lisa
Colon; Arthur J. Menor; Michael J. Gelfand; Peter M. Dunbar;
smezer@bushross.com; Neil B. Shoter; kfernandez@kfernandez.fdn.com
Cc: Fred Dudley; Kurian, Sanjay; Lee A. Weintraub; Michael G. Meyer
Subject: Proposed Changes to Section 627.4137

Everyone:

I trust all is well.

Attached are proposed revisions to section 627.4137, Florida Statutes, that
have been approved by the Insurance & Surety Committee. The goal is to
circulate a white paper prior to the Breakers Meeting so that we can obtain
Executive Council approval. Section 627.4137 permits a claimant to request
a copy of relevant policies and coverage positions by carriers. Currently,
many times these statutory requests are ignored by opposing parties and
their carriers. The purpose of the proposed changes is ensure better
compliance with the statute. Please circulate within your respective
committees and provide us any input and comments they may have.

Pete, we welcome your insight and guidance through this process. If we are
able to obtain Executive Council approval, we would be looking for sponsors
next legislative session.

Michael, if we should send these proposed changes to another committee,
please let me know, or feel free to forward yourself.

Thanks to everyone.

Cary

Carlton Fields
Wm. Cary Wright
Attorney at Law

Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133

cwright@carltonfields.com | www.carltonfields.com
http://www.carltonfields.com/
bio http://www.carltonfields.com/cwright/ | vcard
<http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8-
d67039e0882d>

Confidential: This e-mail contains a communication protected by the
attorney-client privilege or constitutes work product. If you do not expect
such a communication please delete this message without reading it or any
attachment and then notify the sender of this inadvertent delivery.

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS
IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS
COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY
HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I)
AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II)
PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED
MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is
intended solely for the use of the individual(s) to whom it is addressed. If
you believe you received this e-mail in error, please notify the sender
immediately, delete the e-mail from your computer and do not copy or
disclose it to anyone else. If you are not an existing client of H&K, do not
construe anything in this e-mail to make you a client unless it contains a
specific statement to that effect and do not disclose anything to H&K in
reply that you expect it to hold in confidence. If you properly received
this e-mail as a client, co-counsel or retained expert of H&K, you should
maintain its contents in confidence in order to preserve the attorney-client
or work product privilege that may be available to protect confidentiality.

Does a common law bad faith claim allow for prevailing party attorneys' fees? If not, I believe that should be included in the revisions as well. Andrew F. Garofalo Attorney at Law | Board Certified in Real Estate Law andrew@garofalolaw.net Garofalo Law Office P.A. 7401 Wiles Road, Suite 319 | Coral Springs, FL 33067 T: (888) 658-8686 | F: (888) 658-7360 www.garofalolaw.net <http://www.garofalolaw.net/> The information in this communication (including any attachments) is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication (including any attachments) is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of rick.eckhard@hklaw.com Sent: Tuesday, April 30, 2013 5:58 PM To: landten@lists.flabarrpptl.org Subject: [RPPTL LandTen] FW: Proposed Changes to Section 627.4137 Greetings, committee members- We have been asked to comment upon proposed changes Chapter 627, FS, which would subject to a claim of common law bad faith any insurance carrier refusing to provide the statutorily required information to a claimant. I would greatly your thoughts regarding the proposed changes. Thank you, Rick Richard Eckhard | Holland & Knight Equity Partner 100 North Tampa Street, Suite 4100 | Tampa FL 33602 Phone 813.227.6417 | Fax 813.229.0134 <mailto:rick.eckhard@hklaw.com> rick.eckhard@hklaw.com | <http://www.hklaw.com/> www.hklaw.com <http://www.hklaw.com/vcard.aspx?user=Reckhard> Add to address book | <http://www.hklaw.com/id77/biosReckhard> View professional biography From: Wright, Wm. Cary [mailto:cwright@carltonfields.com] Sent: Tuesday, April 30, 2013 11:54 AM To: Arnold D. Tritt, Jr.; Roberts, Hardy L.; Pence, Scott; Heron, Lisa Colon; Arthur J. Menor; Michael J. Gelfand; Peter M. Dunbar; smezer@bushross.com; Neil B. Shoter; kfernandez@kfernandez.fdn.com Cc: Fred Dudley; Kurian, Sanjay; Lee A. Weintraub; Michael G. Meyer Subject: Proposed Changes to Section 627.4137 Everyone: I trust all is well. Attached are proposed revisions to section 627.4137, Florida Statutes, that have been approved by the Insurance & Surety Committee. The goal is to circulate a white paper prior to the Breakers Meeting so that we can obtain Executive Council approval. Section 627.4137 permits a claimant to request a copy of relevant policies and coverage positions by carriers. Currently, many times these statutory requests are ignored by opposing parties and their carriers. The purpose of the proposed changes is ensure better compliance with the statute. Please circulate within your respective committees and provide us any input and comments they may have. Pete, we welcome your insight and guidance through this process. If we are able to obtain Executive Council approval, we would be looking for sponsors next legislative session. Michael, if we should send these proposed changes to another committee, please let me know, or feel free to forward yourself. Thanks to everyone. Cary Carlton Fields Wm. Cary Wright Attorney at Law Board Certified in Construction Law 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4135 | Fax: 813.229.4133 cwright@carltonfields.com | www.carltonfields.com <http://www.carltonfields.com/> bio <http://www.carltonfields.com/cwright/> | vcard <http://www.carltonfields.com/load.vcf?type=atty&id=2f020bf2-f4cf-46aa-9ef8- d67039e0882d> Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. _____ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** _____ NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.