Florida’s 4th District Court of Appeal Decides Insurer’s Presuit Notice Requirement Is Procedural in Nature and Applies Retroactively

In a decision that continues to fuel the dispute between the plaintiff and defense bar, Florida’s Fourth District Court found that the presuit notice provision of section 627.70152 is procedural in nature and, as such, applies retroactively to pol Legal Update for Insurance Services, May 8, 2023, has been prepared for our readers by Marshall Dennehey.

Dismissal of all claims on the eve of trial where EMT plaintiff’s demand was $10 million.

The plaintiff was an Emergency Medicine Technician who was severely assaulted during an ambulance transport of a minor patient to a psychiatric facility. The client-physician had discharged the minor patient with orders for sedation and restraints, if needed, during transport. The plaintiff alleged these discharge orders were insufficient and violated standard of care. Our attorneys successfully argued that under Pennsylvania’s Mcare Act our client-physician did not owe a duty to the plaintiff-EMT, only to the minor patient.