Key Takeaways
- Florida follows pure comparative negligence, allowing recovery even if more than 50% at fault
- Commercial general liability (CGL) policies use file and use rate regulation in Florida
- Florida has specific requirements for professional liability for certain licensed professions
- Punitive damages are generally NOT insurable in Florida under public policy
- Products liability follows strict liability for manufacturing defects
Florida General Liability Insurance
Florida has specific requirements and laws affecting general liability insurance that agents must understand.
Pure Comparative Negligence
Florida follows pure comparative negligence:
How It Works
- Fault is allocated among all parties
- Recovery is reduced by percentage of fault
- No bar to recovery - even at 99% fault, can recover 1%
- Different from modified comparative negligence states
Example
If Plaintiff is 70% at fault and Defendant is 30% at fault:
- Plaintiff can recover 30% of their damages
- In a modified state, plaintiff would recover NOTHING
Exam Tip: Florida's pure comparative negligence is more plaintiff-friendly than states with a 50% or 51% bar.
Joint and Several Liability
Florida modified joint and several liability:
| Defendant Fault | Liability Rule |
|---|---|
| More than 50% responsible | Joint and several for economic damages only |
| 50% or less responsible | Several liability only (their share) |
Commercial General Liability (CGL)
Florida CGL policies must comply with state requirements:
Rate Regulation
Under file and use:
- Rates filed with OIR
- Can be used immediately upon filing
- Subject to post-implementation review
- Must be actuarially justified
Required Elements
- Occurrence vs. claims-made coverage clearly disclosed
- Coverage territory defined
- Limits per occurrence and aggregate
- Defense costs—duty to defend
- Exclusions clearly stated
Professional Liability
Florida requires or regulates professional liability for various professions:
State Requirements
| Profession | Requirement |
|---|---|
| Physicians | Financial responsibility required |
| Attorneys | Must disclose if no coverage |
| Architects | May be required by contract |
| Engineers | May be required by contract |
| Real Estate Brokers | Recommended but not required |
| Insurance Agents | Recommended but not required |
Medical Malpractice
Florida has specific medical malpractice provisions:
- Pre-suit investigation required
- Expert witness requirements
- Caps on non-economic damages (subject to constitutional challenges)
- Arbitration options
Punitive Damages
Unlike some states, Florida generally does NOT allow insurance for punitive damages:
Florida Rule
| Feature | Details |
|---|---|
| Insurability | Generally NOT insurable |
| Public Policy | Against insuring punitive damages |
| Coverage | Policy language cannot override |
| Exception | Vicarious liability situations may differ |
Key Difference
- Florida is more restrictive than Texas on punitive damages
- Punitive damages meant to punish—insurance defeats purpose
- Direct wrongdoer cannot insure punitive damages
Products Liability
Florida products liability:
Coverage
- Bodily injury from defective products
- Property damage from defective products
- Products-completed operations hazard
- Aggregate limits apply
Florida Law
| Type of Defect | Standard |
|---|---|
| Manufacturing Defect | Strict liability |
| Design Defect | Risk-utility balancing |
| Failure to Warn | Adequacy of warnings |
| Statute of Repose | 12 years for products |
Premises Liability
Florida premises liability follows:
- Duty varies by visitor status
- Invitees owed highest duty
- Licensees owed intermediate duty
- Trespassers owed limited duty
Under Florida's pure comparative negligence rule, can a plaintiff recover damages if they are 80% at fault?
Under Florida law, are punitive damages generally insurable?