Post on May 22, 2014
This winter season introduced many of us to what meteorologists call the “polar vortex.” Blamed for dozens of deaths, historically low temperatures, and weather emergencies throughout the country, the severe weather......
Post on Apr. 08, 2014
We wanted to take the opportunity to inform you of a major change in Florida law which has eliminated the statutory caps for non-economic (pain and suffering damages) in medical malpractice cases resulting in death. On......
Post on Oct. 08, 2013
The threshold for sinkhole loss in Florida has been at issue since the Florida Legislature attempted to limit such claims in 2005 by changing the definition of "sinkhole loss" Florida Statute 627.706 from "actual......
Post on Aug. 21, 2013
The United States Court of Appeals for the Ninth Circuit held that the two thirty-day removal time limits set forth in 28 U.S.C. § 1446(b)(1) and (b)(3) are merely procedural limitations that would be triggered only in......
Post on Jul. 26, 2013
The Supreme Court of Florida held that a PIP insurer may not limit reimbursement based on the Medicare fee schedules identified in section 627.736(5)(a)2, Florida Statutes (2008), unless the insurer provided notice in......
Post on Jul. 12, 2013
The Supreme Court of Florida held that a fee agreement setting forth an "alternative fee recovery clause" (with an hourly rate alternative) is enforceable against third parties. The clause—which was part of a fee......
Post on Jul. 12, 2013
Under Florida's No-Fault Law, section 627.736, Florida Statutes (2008), an insurer cannot require an insured to attend an examination under oath ("EUO") as a condition precedent to recovery of personal injury protection......
Post on Jul. 08, 2013
A fire insurer initiated a declaratory judgment action to determine its liability for fire damage in the aftermath of a house fire in which arson was suspected. The insureds, Mr. and Ms. Volpe, and corporate owner of......
Post on Jul. 04, 2013
A condominium association sued its insurance broker in federal district court under contract and negligence causes of action based on the broker's alleged failure to secure sufficient insurance coverage for damages......
Post on Jul. 01, 2013
An additional named insured under a commercial general liability ("CGL") policy was entitled to indemnification for the attorney fees and costs it incurred after it retained its own counsel and rejected the insurer's......
