November 30, 2021
November 29, 2021
November 19, 2021
November 10, 2021
November 5, 2021
November 4, 2021
November 4, 2021
October 21, 2021
October 19, 2021
October 12, 2021
We are so proud to be in the top 3 of The National Law Journal’s (NLJ) Women in Law Scorecard for 2021! The scorecard ranks 350 of the largest law firms in the country by their representation of female attorneys and partners, and we are so honored to be a part of it!
We look forward to continuing our efforts in making sure ladders of opportunity remain open for everyone regardless of gender, race, ethnicity, age, sexual orientation, religion and other self-identifications. Access the NLJ scorecard here.
September 14, 2021
August 19, 2021
Peter Baumberger - Construction Law, Litigation – Construction, Mass Tort Litigation / Class Actions – Defendants
Caryn Bellus - Appellate Practice
Brad McCormick - Commercial Litigation, Personal Injury Litigation – Defendants
Charles Watkins - Litigation – Insurance, Personal Injury Litigation – Defendants
Angela Flowers - Appellate Practice
Betsy Gallagher - Appellate Practice
Laurie Adams - Personal Injury Litigation - Defendants
Michael Carney - Litigation - Insurance
Jane Rankin - Real Estate Law
Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Their belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
July 1, 2021
Certified Priority Restoration (CPR) had executed an assignment of benefits with the insured, with a term of the assignment stating it was operating “as a direct request to (Citizens) for approval to exceed” the $3,000.00 policy limit for Reasonable Emergency Measures coverage.
This document was transmitted to Citizens as part of 18 separate documents sent by CPR, with no specific attention drawn to the provision and no attempt to formally request to exceed the $3,000.00 cap as required by the policy.
The appellate court found CPR’s “request” to be a “gotcha tactic” which is not permitted under Florida law. Therefore, Citizens was under no duty to pay CPR above and beyond the policy cap for Reasonable Emergency Measures. Read case here.
July 1, 2021
June 30, 2021
On June 29, 2021 the Governor withheld his approval and officially vetoed the bill.
June 24, 2021
June 23, 2021
The new law provides:
An insurer may exclude an individual for all claims and/or lawsuits arising out of operation of a motor vehicle for the following coverages:
- Bodily injury
- Property damage
- Uninsured motorist
- Any other coverage which is not required by law to be purchased
In order to exclude a person:
- The named insured must identify the individual on the declaratory page and/or an endorsement (the named insured cannot be excluded)
- The named insured must consent in writing to exclude the person
- An excluded driver must establish, maintain, and show proof of financial ability to respond for damages arising out of the ownership, maintenance or use of the motor vehicle as required by Chapter 324, Fla. Stat., and maintain security as required by §627.733, Fla. Stat.
An insurer can not exclude coverage:
- For the named insured
- For an identified individual who is injured while not operating a motor vehicle
- For any person excluded solely because of race, color, religion, sex, national origin, age, or handicap
- If the exclusion is not consistent with the insurer’s underwriting filed pursuant to §627.0651(13)(a), Fla. Stat.
Section 627.736, Fla. Stat., (the PIP statute) was amended to allow this exclusion in PIP policies.
Potential issues to consider before denying coverage for an excluded individual:
- Verify the excluded person is listed on the declaratory page or on an endorsement
- Verify there is written consent from the named insured for the exclusion. This is likely going to be similar to a UM coverage rejection/selection form
- Verify proof of financial ability to respond to damages for the excluded person were in fact established and maintained
The new law takes effect July 1, 2021.
For more information and/or questions, please contact us at firstname.lastname@example.org.
June 14, 2021
Heather Eres v. Progressive Am. Ins. Co., No. 20-11006, 8:17-cv-02354-TPB-SPF (11th Cir. 2021)
- Upon being notified of an accident where plaintiff was severely injured and her son was killed, the insurer immediately tendered its policy limits to plaintiff’s attorney, who was not ready “to receive the checks.”
- The court found that the insurer remained diligent in following up regarding the tender.
- Plaintiff later communicated through new counsel a desire to accept settlement with certain conditions, including an affidavit from the tortfeasor and a release without indemnity or hold harmless language.
- The insurer complied with all demands but while the release did not have indemnity language, it contained a waiver of subrogation which plaintiff found to be overbroad and not to comply with her demand to settle.
- The settlement was never effectuated, and plaintiff recovered $10 million following a jury trial -- then filed a bad faith suit.
- The Eleventh Circuit, affirming the Middle District of Florida, found the insurer did not act in bad faith.
- With regard to the release, the Court held the totality of the circumstances, including the fact that the insurer told plaintiff’s counsel in writing that the disputed language could be stricken from the release, relieved the insurer of any bad faith liability.
June 10, 2021
Successful summer clerks will be considered for associate positions upon graduation and bar admission. This summer we welcome: Alec Ede, Tatiana Hernandez, Victoria Scotti, Keani Knight-Walker, James Cox, Wallace Stage, Erika Funderburk, Marissa Zink, Fabiola Meo, and Jordan Weinberg!
For more information about our program, please contact email@example.com.
June 7, 2021
In addition to providing mediation services, Teresa successfully represents insurers and their policyholders in a variety of matters including: Personal Injury Protection (PIP), first party property, fraud/SIU and automobile liability. For any questions, please contact Teresa at 850.436.7313 or firstname.lastname@example.org.