A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy...more
Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more
3/6/2024
/ Auto Insurance ,
Bodily Injury ,
Car Accident ,
Denial of Insurance Coverage ,
Distracted Driving ,
Florida ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Motor Vehicles ,
Negligence ,
Policy Terms ,
Property Damage ,
Reckless Driving ,
State Farm ,
Uninsured and Under-Insured Motorists
An issue that remains contentious is whether the Supplementary Payments provisions in the general liability policy provide coverage for attorney’s fees, which the insured is ordered to pay at the conclusion of litigation. ...more
After twelve (12) years of effort, and in what now seems like a blink of an eye during this legislative session, Governor DeSantis signed HB 837/SB 236 into law. This new legislation makes sweeping changes to “bad faith” law...more
Not many cases in Florida analyze Professional Services Exclusions in general liability policies. However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more
9/26/2022
/ Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Hospitals ,
Indemnification ,
Insurance Litigation ,
Negligence ,
Policy Terms ,
Professional Liability ,
Professional Service Exclusion ,
Reservation of Rights ,
Sexual Assault ,
Umbrella Policies
Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971. PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits for medical treatment and wage loss,...more
5/4/2021
/ Auto Insurance ,
Bad Faith ,
Bodily Injury ,
Car Accident ,
Consumer Insurance Products ,
Florida ,
Insurance Reform ,
Insurance Regulations ,
Legislative Agendas ,
Medical Expenses ,
Negligence ,
PIP Coverage ,
Policy Terms ,
Regulatory Agenda
An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences that may be triggered under the policy. ...more
One developing area of Florida law is whether a public official can be held liable for defamation for statements written by an official on Facebook, Instagram, other social media sites, or a blog. This developing area is...more
As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors. When representing a carrier for a general contractor, one of the first questions the...more
Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. ...more
5/29/2019
/ Admissibility ,
Casualty Insurance ,
Constitutional Challenges ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Expert Witness ,
FL Supreme Court ,
Florida ,
Insurance Litigation ,
Litigation Strategies ,
Trials
As a defense attorney practicing in the areas of auto accidents, premises liability, and products liability cases, I observe plaintiff’s counsel serving my clients with requests for admission, asking for improbable...more
To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go...more
8/10/2017
/ Attorney's Fees ,
Auto Insurance ,
Commercial General Liability Policies ,
FL Supreme Court ,
fl-su ,
GEICO ,
Insurance Industry ,
Insurance Litigation ,
Legal Costs ,
Policy Terms ,
Sanctions ,
Settlement