Effective July 1, 2022, Florida Rule of Civil Procedure 1.442 specifically excludes non-monetary terms. The Court sought to align the Rule with its statutory counterpart, Fl. Stat. 768.79 (2021), which does not mention the inclusion of monetary terms as being permissible. However, there are specific exceptions for governmental entities under certain set of facts. Otherwise, extra terms, such as releases, are no longer permissible.
This will have an impact in the insurance litigation industry, particularly within the context of First Party litigation and potential bad faith exposure. Extra caution should be taken by Insurance Company Defendants when filing Proposals for Settlements in cases where there has been a Civil Remedy Notice filed.
