Although it has little in common with "radioactivity," "retroactivity" can be dangerous when an insurer implements new legislation based on the assumption that the courts will enforce a retroactive law as written.Retroactivity is the subject of four recent Florida Supreme Court (FSC) decisions, including two issued within the last 30 days. No doubt these FSC cases will be explored and probed as Florida insurers and policyholder attorneys work their way through 2011's key legislation such as sinkhole insurance, crashworthiness, and medical malpractice.
