Policy Limits Demands and the New Safe Harbors, Part 1: Florida Bad Faith Fundamentals, HB 837, and the Developing Landscape

Brenna Spinner
Brenna Spinner | Swope, Rodante, Newsome & Steinberg

Brenna Spinner is a litigation and appellate attorney at Swope, Rodante, Newsome & Steinberg, where she represents injured clients and policyholders wronged by insurers in bad faith, personal injury, civil, and appellate matters across state and federal courts.

Live Video-Broadcast: October 21, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

HB 837 didn’t amend Florida bad faith law at the margins. It reset the framework, and courts are still sorting out the rest

Florida bad faith law developed over decades through common-law doctrine and the statutory remedy of Fla. Stat. § 624.155. HB 837, enacted in March 2023, reshaped that framework in one stroke. It introduced a 90-day safe harbor, added claimant-side good faith duties, and unsettled rules practitioners had relied on for years.

The threshold questions now decide cases. Whether a claim is first-party or third-party determines which duties the insurer owes. Whether the insurer resolved the claim within the 90-day safe harbor can end a bad faith action before it begins. And the fate of the underlying claim controls whether a bad faith case ever ripens. Miss one of these questions and the strongest facts never reach a jury.

This program supplies the grounding to practice under the new framework. Attendees will evaluate common-law and statutory claims, apply the governing duties and standards, and account for the safe harbor. They will leave with a working map of what HB 837 changed, what survives, and which questions remain open. That judgment is work no search result supplies.

Key topics to be discussed:

  • Foundations of Florida Bad Faith
    How Florida’s bad faith framework developed, and why that history still controls how claims are pled and proved today.
  • Common-Law and Statutory Claims
    How common-law and statutory bad faith theories differ across first-party and third-party claims, and what each requires.
  • Insurer Duties and Standards
    The duties insurers owe under Florida law and the standards used to evaluate whether conduct crosses into bad faith.
  • The Underlying Claim
    How the underlying claim shapes a later bad faith action, and what that relationship means for strategy and timing.
  • HB 837’s Key Changes
    What HB 837 changed, including the 90-day safe harbor, and how those changes alter practice under Fla. Stat. § 624.155.
  • Developing and Unresolved Law
    How HB 837’s changes fit within established Florida bad faith law, and the unresolved questions courts are only beginning to answer.

This course is co-sponsored with myLawCLE.

Date / Time: October 21, 2026

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

Brenna Spinner | Swope, Rodante, Newsome & Steinberg

Brenna Spinner is a litigation and appellate attorney at Swope, Rodante, Newsome & Steinberg, where she represents injured clients and policyholders wronged by insurers in bad faith, personal injury, civil, and appellate matters across state and federal courts. Her practice runs on careful legal writing and strategic case development, and her results range from a victory on a novel issue of law before the Supreme Court of Maryland to successful outcomes for hundreds of clients. In 2026 alone, she holds a Best Lawyers: Ones to Watch in America listing and presents twice for the Florida Justice Association on insurance cases and Florida case law.

  • Education & Credentials

Ms. Spinner earned her J.D., with honors, from The George Washington University Law School in 2016, following a B.A., summa cum laude, from Salisbury University. At GW she was a member of the George Washington Law Review, chaired a committee of the GW Moot Court Board, competed in moot court, and taught legal research, writing, and advocacy to first-year students as a Dean’s Fellow. She is admitted in Florida, Maryland, and the District of Columbia, before the Eleventh Circuit Court of Appeals, and in six federal district courts: the Middle and Southern Districts of Florida, the Northern and Southern Districts of Indiana, the District of Columbia, and the Eastern District of Wisconsin.

  • Recognition & Leadership

Ms. Spinner’s recognition spans the courtroom and the podium. She has been named to Best Lawyers: Ones to Watch in America (2026) and recognized by The National Trial Lawyers (2025). The Florida Justice Association has twice given her a statewide platform in 2026: she presented “Special Considerations in Insurance Cases” at the FJA’s Proposal for Settlement Webinar and delivered the “Case Law Update” at the FJA Annual Convention.

  • Professional Involvement

Ms. Spinner is an EAGLE member of the Florida Justice Association and belongs to the Tampa Bay Trial Lawyers Association, the American Association for Justice, the Hillsborough County Bar Association, the Florida Bar Young Lawyers Division, the American Bar Association, and the Military Spouse J.D. Network. Service has run through her entire career: she volunteered at the District of Columbia’s landlord-tenant resource center assisting pro se litigants, and in law school represented indigent clients facing eviction through a student legal clinic.

  • Experience

At Swope, Rodante, Newsome & Steinberg, Ms. Spinner litigates insurance bad faith, personal injury, civil, and appellate matters for clients whose lives have been changed by injury or injustice. She began her career at a leading Washington, D.C. litigation firm, handling every phase of litigation and securing a successful outcome on a novel issue of law before the Supreme Court of Maryland. In 2019 she devoted her practice to individuals denied Social Security Disability benefits and obtained successful results for hundreds of them. She brings that same client-centered commitment, now paired with big-firm litigation and appellate experience, to every case she handles today.

Agenda

SESSION 1 – Florida Bad Faith Fundamentals: Foundations, Duties, and the Underlying Claim | 12:00pm – 1:00pm

This session introduces the fundamental principles of Florida bad faith law, tracing the foundations and development of the doctrine through both common law and statutory claims, including first-party and third-party actions. It examines the duties insurers owe, the standards used to evaluate whether an insurer acted in bad faith, and the relationship between the underlying claim and a bad faith action.

BREAK | 1:00pm – 1:10pm

SESSION 2 – HB 837 and After: The 90-Day Safe Harbor, Its Impact, and the Questions Still Open | 1:10pm – 2:10pm

This session turns to the significant changes enacted through HB 837, including the 90-day safe harbor, and their impact on established Florida bad faith law. It addresses how those changes fit within existing Florida law and closes with the developing law and the questions that remain unresolved after HB 837.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Connecticut

Approved for CLE Credits
2 General

Florida

Pending CLE Approval
2 General

Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Tennessee

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

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