Everyone who has homeowners insurance expects the insurer to pay when the home is damaged by a covered event, such as a hurricane, fire or ...
On May 29, 2009, Florida Governor Charlie Crist signed into law House Bill 930. The law was in direct response to the Florida Supreme ...
An Uncertain Future
If you manage liability claims, the following scenario plays out at least once or more times per year. The new claim ...
This summer, the Florida Supreme Court approved the addition of Rule 1.201 to the Florida Rules of Civil Procedure, which is certain to ...
Moving Forward to Protect Privileged Information
The Amendment: Discoverable Adverse Incident Reports
Florida residents voted to ...
In January, 2009 President Obama signed into law the “Lilly Ledbetter Fair Pay Act of 2009.” The Act, in effect, overturns the widely ...
Many Florida courts are utilizing the provisions of Fla. Stat. 44.103 (2007) to order the parties in litigation to a Non-Binding ...
A primer on priority of interest in the face of commercial mortgage modifications and future advances in the State of Florida
Lenders, in ...
A Guide to Dealing with Appraisal Demands Several Years After The Original Adjustment of the Claim
Envision this all too common scenario ...
Avoiding Litigation in a Troubled Florida Real Estate Market
As once happy real estate purchasers watch their property values plummet ...
In 2009, HB 495 was proposed in the legislature of the State of Florida that would repeal the current slip and fall statute, Section ...
By its very definition, a franchisee is an independent business separate from its franchisor.1 However, even though a franchisee is an ...
It is well-established that in order to trigger coverage under an insurance policy, “the accident or injury must occur during the time ...
Pursuant to Florida law, the Marketable Title Record Act (“MRTA”) was created via the enactment of Chapter 712, Florida Statutes. ...
Cost claims representatives are aware of the concept of punitive damages and that they are not to be routinely permitted in personal ...
Florida’s Supreme Court recently handed down two rulings which, in the context of construction defects litigation, will have ...
Florida’s Supreme Court recently handed down two rulings which, in the context of construction defects litigation, will have ...
On March 6, 2008, the Florida Supreme Court sided with patients and consumers in allowing them to examine records on past adverse medical ...
Mutual Mistake
Once a settlement is reached, the tortfeasor who has settled with the victim will usually request that the victim sign a ...
A new strategy that Plaintiffs are employing, in an attempt to hold hospital surgical centers actively liable, is to contend that ...
What Liability Insurers, No-Fault Insurers, Self Insurers And Workers’ Compensation Carriers Need To Know About The Medicare ...
The Federally Supported Health Centers Assistance Act (“Act”) allows the United States to “deem” actors, agencies and ...
In 1972, the Florida legislature enacted section 725.06, Florida Statutes which places limitations on indemnification in ...
On March 6, 2008, the Florida Supreme Court sided with patients and consumers in allowing them to examine records on past adverse medical ...
Just When You Think You’re Out, They Pull You Back In
A key concern in the resolution of any claim, whether prior or subsequent to the ...
During recent months, the number of foreclosure actions in the United States has increased dramatically. According to the May 2008 ...
Generally, an exculpatory clause is valid and enforceable when it clearly and unequivocally expresses a party’s intention to be ...
When it Rises to the Level of Egregiousness Necessary to Warrant Dismissal
Trial courts have inherent authority to dismiss lawsuits when ...
Just When You Think You’re Out, They Pull You Back In
A key concern in the resolution of any claim, whether prior or subsequent to the ...
During recent months, the number of foreclosure actions in the United States has increased dramatically. According to the May 2008 ...
Florida Statute § 768.77 requires verdicts in any personal injury or wrongful death action to be itemized and any amounts awarded for ...
Florida courts have long recognized an insurer’s obligation to act in good faith when defending claims against the insured. In Boston
Over the past several months, Florida’s Personal Injury Protection (PIP) law has undergone some significant changes. First ...
In recent years, premiums for insurance agency Errors and Omissions policies have increased for more than three-quarters of insurance ...
Florida courts have long recognized an insurer’s obligation to act in good faith when defending claims against the insured. In Boston
- Objective Limitations, or, How the Vigorous Application of “Strong Form” Idea/Expression Dichotomy Analysis in Copyright Preliminary Injunction Hearings Might Just Save the First Amendment, 9 UCLA Ent. L. Rev. 361 (2002)2002-05-01