Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the concept that, under current Florida law, punitive damages are reserved for those exceptional cases in which the defendant’s actions have been shown to be truly horrific.

During the FDLA’s 27th annual Florida Liability Claims Conference, RumbergerKirk attorneys Brittney Polo and Dick Caldwell provided an analysis of recent cases arising under Fla. Stat. sec. 768.72. They reviewed statutory provisions, discussed decisions of the 1st, 2d, 4th, and 5th DCAs, and noted the differences in approach among the courts. They shared that plaintiffs contrast these recent decisions with earlier case law, which seemingly utilized a more permissive approach to addition of punitive damages claims.

The FLCC draws insurance defense attorneys and claims professionals from around the state, and offers members excellent networking opportunities and timely educational programming presented by experienced attorneys and leading experts.

The presentation was based on an article published by FDLA earlier this year.