Florida Insurance Law and Practice
Published annually since 2006 as part of West’s Florida Practice Series (Vol. 17) — 2025–2026 Edition
About the Treatise
Florida Insurance Law and Practice is a comprehensive legal treatise published by Thomson Reuters as Volume 17 of West’s Florida Practice Series. The treatise provides detailed, practice-oriented analysis of nearly every area of Florida insurance law, organized by subject matter and written by a team of six Florida practitioners who specialize in the areas they cover.
Volume 17 is updated and republished annually to reflect changes in Florida statutes, case law, and regulatory guidance. The current edition — the 2025–2026 edition — was published on March 9, 2025. The treatise is available in print, through Thomson Reuters’ ProView eBook platform, and on Westlaw, the legal research database used by courts, law firms, and government agencies throughout the United States.
The Florida Practice Series is one of Thomson Reuters’ flagship state law collections. Courts at every level rely on it. The Florida Legislature cited Volume 6 of the series when drafting the 2023 tort reform bill (HB/SB 837). The Florida Supreme Court has cited Volume 2 (Florida Evidence) in appellate opinions. Courts in other states have cited Volume 8 (Construction Law) when applying Florida law. Volume 17 stands within this ecosystem as the authoritative practitioner reference for Florida insurance law.
Gregory Dell’s Contribution
In 2006, Thomson Reuters selected Gregory Michael Dell to co-author Volume 17 of Florida Insurance Law and Practice. Mr. Dell’s contribution covers Part V of the treatise: Disability Insurance: ERISA and Non-ERISA Disability Policies.
This section spans six chapters addressing the full lifecycle of disability insurance claims under both individual and employer-sponsored group policies.
The chapter topics directly reflect the legal issues that Dell Disability Lawyers handles for clients every day:
- Chapter 37 — Introduction: An overview of disability insurance law in Florida.
- Chapter 38 — Contract Provisions of a Disability Insurance Policy: Analysis of policy language, own-occupation and any-occupation definitions, elimination periods, and benefit calculations.
- Chapter 39 — Misrepresentation: Rescission of a Policy: How insurers attempt to void disability insurance policies retroactively based on alleged misrepresentations in the application process.
- Chapter 40 — Causes of Action against an Insurer: Legal claims available to disability insurance claimants, including breach of contract and bad faith.
- Chapter 41 — Business Overhead Expense Policy: Coverage for self-employed professionals — including physicians, dentists, and attorneys — whose practices face financial hardship during a period of disability.
- Chapter 42 — ERISA Governed Disability Insurance: Federal preemption under the Employee Retirement Income Security Act, exhaustion of administrative remedies, standards of review, and the procedural framework for ERISA disability insurance litigation in federal court.
Mr. Dell has authored this section for every edition of the treatise since 2006 — approximately 19 consecutive annual editions through the current 2025–2026 edition. Each year, the disability insurance chapters are updated to reflect new case law, statutory amendments, and developments in how insurers handle long-term disability claims.
Gregory Dell is the Managing Attorney of Dell Disability Lawyers, a nationwide disability insurance law firm established in 1979. He serves as Vice Chair of the American Bar Association Health and Disability Insurance Law Committee and is a member of the American Association for Justice and the American Health Lawyers Association. Mr. Dell holds an AV Preeminent rating from Martindale-Hubbell and has been selected to Best Lawyers in America in the field of Insurance Law since 2013 and to Super Lawyers from 2017 to 2025. He received his J.D. from Benjamin N. Cardozo School of Law at Yeshiva University and his B.S./B.A. in Accounting from Washington University in St. Louis. He is admitted to the bar in Florida, the District of Columbia, Massachusetts, Texas, and New York.
Cited in Court Opinions
Volume 17 of Florida Insurance Law and Practice has been cited as authority in both Florida state appellate courts and federal district courts. Courts have relied on the treatise to resolve contested legal disputes involving the assignment of insurance benefits, the finality of appraisal awards, and the proper appellate procedures for state administrative orders.
Three verified judicial citations are documented below.
Grant v. Harris (2025)
Court: United States District Court for the Northern District of Florida
Date: April 3, 2025
Section cited: § 13:9
Citation form in the opinion: 17 Gregory Michael Dell et al., Florida Practice § 13:9 (Nov. 2024)
In this 2025 federal opinion, Judge Hinkle cited Volume 17 to clarify the proper appellate venue for reviewing final administrative orders issued by the Agency for Health Care Administration (AHCA) regarding Medicaid benefits. The court noted that the governing Florida statute does not make the appellate path obvious, and relied on the treatise to establish that AHCA final orders go directly to a Florida district court of appeal. The court cited the treatise using the author-forward citation form, naming Gregory Michael Dell as a listed author.
Charlevoix Equity Partners v. AIG Property Casualty Co. (2018)
Court: United States District Court for the Southern District of Florida
Date: August 10, 2018
Section cited: § 14:8
Citation form in the opinion: 17 Fla. Prac., Insurance Law § 14:8 (2017-2018 ed.)
In this federal case involving a disputed insurance appraisal for damage to a luxury yacht, Judge Scola quoted Volume 17 directly in his order. The court adopted the treatise’s rule that once an appraisal award is issued, courts cannot use external evidence to alter the award, except for standard calculations such as deductibles and prior payments. The court quoted the treatise verbatim and incorporated its analysis into the binding order.
Citizens Property Insurance Corp. v. Ifergane (2012)
Court: Florida Third District Court of Appeal
Date: September 12, 2012
Section cited: § 5:4
Citation form in the opinion:
see generally 17 Fla. Prac. Insurance Law § 5:4
In this Florida appellate case arising from a Hurricane Wilma property damage claim, the Third District Court of Appeal cited Volume 17 to confirm the legal standard for a valid assignment of insurance benefits. The court relied on the treatise to establish that the common law elements of assignment — including the assignor’s intent to transfer rights and the assignee’s acceptance for good consideration — apply directly to post-loss hurricane insurance claims. The appellate court affirmed the trial court’s ruling and dismissed the insurer’s procedural challenge.
Contributing Authors
Volume 17 is co-authored by six Florida attorneys whose collective experience spans the full spectrum of insurance litigation. Each author contributes specialized expertise in the area of law they practice.
- Gregory Michael Dell — Managing Attorney of Dell Disability Lawyers. Authors Part V, covering disability insurance law under both ERISA and non-ERISA policies. Mr. Dell has represented disability insurance claimants nationwide since 1990 and has litigated against every major disability insurance company in the country.
- Diana Martin — Florida appellate practitioner with extensive experience in insurance coverage disputes and appellate preservation of error in insurance litigation.
- Patrick John McGinley — Authors four volumes in the Florida Practice Series, including Workers’ Compensation (Vols. 9–10A), Insurance Law (Vol. 17), Florida Elements of an Action (Vol. 21), and Municipal Law (Vol. 24). A 1996 graduate of Florida State University College of Law.
- Russel Lazega — Founder of Florida Advocates, a statewide insurance litigation firm. Specializes in Personal Injury Protection (PIP) and auto insurance law. Also authors Volume 7 of the Florida Practice Series (Motor Vehicle No-Fault Law). Teaches insurance law seminars to Florida county court judges and testifies before the Florida House and Senate Insurance Committees on insurance reform legislation.
- Stacey Giulianti — Focuses on property insurance and catastrophe claims, including hurricane litigation, valued policy law disputes, and additional living expense coverage.
- Theodore Leopold — Specializes in catastrophic injury litigation and insurance bad faith claims, covering the punitive aspects of insurer misconduct.
Edition History
Gregory Dell has co-authored Volume 17 of Florida Insurance Law and Practice for every edition since 2006. The treatise is updated and republished annually. Below is a timeline of confirmed editions.
| Edition | Publisher | Notes |
|---|---|---|
| 2025–2026 | Thomson West | Current edition. Published March 9, 2025. 926 pages. TR Service No. 30920657. |
| 2023–2024 | Thomson West | Amazon listing: ISBN-10 1731956967 / ISBN-13 978-1731956968 |
| 2021–2022 | Thomson West | Amazon listing: ASIN 1539293939 |
| 2018–2019 | Thomson West | Confirmed via public listing |
| 2017–2018 | Thomson West | Edition cited by the court in Charlevoix v. AIG (S.D. Fla. 2018) |
| 2016–2017 | Thomson West | Confirmed via public listing |
| 2015–2016 | Thomson West | Confirmed via public listing |
| 2014–2015 | Thomson West | Confirmed via public listing |
| 2013–2014 | Thomson West | Confirmed via public listing |
| 2012–2013 | Thomson West | Confirmed via public listing |
| 2011–2012 | Thomson West | AbeBooks listing: ISBN 978-0314928573 |
| 2009–2010 | Thomson West | Confirmed via public listing |
| 2008–2009 | Thomson West | Amazon listing: ISBN 978-0314981400 |
Thomson Reuters selected Gregory Dell to author the disability insurance section of Volume 17 in 2006. The treatise has been published continuously since that date.
About the Florida Practice Series
West’s Florida Practice Series is a multi-volume collection of practitioner treatises published by Thomson Reuters covering virtually every area of Florida law. The series is used by courts, legislators, and attorneys throughout the state and serves as a standard reference in Florida legal practice.
Courts at every level rely on the series. The Florida Supreme Court has cited the series’ evidence volume in appellate opinions. The Florida Legislature referenced the series’ civil practice volume in drafting the 2023 tort reform legislation (HB/SB 837). Federal courts in multiple jurisdictions have cited volumes in the series when applying Florida law. Volume 17 — Insurance Law — addresses one of the most complex and volatile areas of Florida practice, covering auto insurance, health insurance, homeowners insurance, workers’ compensation, and disability insurance.
How to Access the Treatise
Florida Insurance Law and Practice is available in print, as an eBook through Thomson Reuters ProView, and through Westlaw.
- Thomson Reuters — Book + eBook (2025–2026 ed.)
- Thomson Reuters — eBook Only (2025–2026 ed.)
- Amazon — 2023–2024 Edition (ISBN-13: 978-1731956968)
The current 2025–2026 edition is 926 pages. Thomson Reuters identifies the volume by Service Number 30920657 (the legal publishing equivalent of an ISBN for continuously updated treatises). Earlier editions distributed through Amazon carry ISBN 978-1731956968.
The treatise is also available to Westlaw subscribers through the Thomson Reuters legal research platform.
Speak With a Disability Insurance Lawyer Today
Gregory Dell and the attorneys at Dell Disability Lawyers represent disability insurance claimants at all stages of a long-term disability insurance claim — from the initial application through ERISA appeals, federal court litigation, and lump-sum settlements. The firm has represented thousands of claimants nationwide since 1979.
To schedule a free consultation, contact us today. We never charge any fees or costs unless we are able to recover benefits for our clients.
