Catastrophic Losses – Insight into the Surfside Condominium Collapse Litigation
November 29, 2022
The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to the Florida Supreme Court. In its recent opinion, the Florida Supreme Court clarified that a basic transfer of rights provision, without more, does not give the insurer a right of priority. Under such circumstances, priority of recovery remains dictated by Florida’s common law “made whole doctrine.”
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