Smith v. Department Of Insurance

507 So. 2d 1080 (Fla. 1987)

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Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

The trial court, in an extensive final judgment, held: (1) that chapter 86-160, Laws of Florida, did not violate the single subject prohibition of the constitution; (2) that the tort reform sections relating to a $450,000 cap on noneconomic damages, major modifications in joint and several liability, and other tort reform changes including relevant implementing provisions were constitutional; (3) that the insurance regulatory provisions increasing regulatory controls and freezing certain insurance rates were constitutional; and (4) that certain insurance premium rebate provisions, insofar as they retroactively apply to insurance contracts in force when the act became law, were unconstitutional.

Issues

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Holding & Decision

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