News & Analysis as of

Medicare FL Supreme Court

Rumberger | Kirk

The Multiple Issues Surrounding Medicare and Past Damages

Rumberger | Kirk on

What amount of past medical expenses can a plaintiff present to the jury when he or she is a Medicare recipient? The short answer: only the amount of past medical expenses the plaintiff is obligated to pay, not the gross...more

Rumberger | Kirk

Florida Supreme Court Confirms Limitation of Joerg Holding to Future Medical Expenses

Rumberger | Kirk on

The Florida Supreme Court recently confirmed that claimants may only submit evidence of past medical bills actually paid by Medicare as opposed to the unadjusted amount. See Elaine Dial vs. Calusa Palms Master Association,...more

Butler Weihmuller Katz Craig LLP

Dial v. Calusa Palms Master Association, Inc. - Florida Supreme Court Confirms Only Amounts Actually Paid By Medicare Are...

On April 28, 2022, the Florida Supreme Court issued its decision in Dial v. Calusa Palms Master Association, Inc., which addressed the question: DOES THE HOLDING IN JOERG V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 176...more

Rumberger | Kirk

Are Medicare Benefits for Past Medical Expenses Considered Collateral Source Setoffs?: The Burning Question Facing Florida’s...

Rumberger | Kirk on

During the point in a jury trial when the plaintiff puts on evidence of damages, will he present the gross amount of past medical expenses, which would be subject to setoff post-verdict, or be forced to present the lesser...more

Butler Weihmuller Katz Craig LLP

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,...more

Searcy Denney Scarola Barnhart & Shipley

Florida DCAs Weigh in on Allstate Case; PIP Litigation Now Headed to Supreme Court

The Florida Supreme Court soon will hear arguments in the case of Florida Wellness & Rehabilitation vs. Allstate Fire & Casualty Insurance Co., which pits medical providers against the automobile insurer on the issue of fees...more

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