June 7, 2019
For more information about our program, please contact email@example.com.
May 30, 2019
May 23, 2019
The Florida Supreme Court has issued a per curiam decision, In re: Amendments to the Florida Evidence Code, SC19-107 (May 23,2019) (Justices Canady, Polston, Lawson, Lagoa, and Muñiz, concurring), adopting the 2013 amendments to 90.702, Fla. Stat., which codified the Daubert standard for admissibility of expert testimony. The majority includes two of the three recently-appointed Justices. In explaining its decision, the Court declined to readdress the correctness of the recent opinion in DeLisle v. Crane Co., 258 So. 3d 1221 (Fla. 2018), in which a majority of the Court (Justices Quince, Pariente, Lewis, and Labarga) had determined that the Frye test previously adopted by the Court was the proper standard and held the 2013 amendments to 90.702 to be unconstitutional, essentially in violation of the Court’s exclusive rule-making authority. Justices Quince, Pariente, and Lewis have since retired from the Court. In effect, the new In re: Amendments decision seems to reject the constitutional deficiency found in DeLisle and implements once again the Daubert test by adopting the 2013 amendments to 90.702 and 90.704 “effective immediately.” (Full opinion available HERE). For more information, please contact us at firstname.lastname@example.org.
May 21, 2019
May 15, 2019
May 15, 2019
May 9, 2019
May 5, 2019
Start preparing before any threat is imminent.
- Build an emergency kit
- Know your zone so you know when to evacuate, if necessary
- Plan your evacuation route
- Take inventory of your personal property and review your insurance policies
- Take steps to protect your home and business
If you are an insurance adjuster, it is important to make sure you have met all of your CE requirements to ensure your license is in good standing and is active. If you are in need of Florida Adjuster CE credit(s) and would like to schedule a complimentary CE presentation at your office, please do not hesitate to contact us at email@example.com.
April 25, 2019
Governor Ron DeSantis still needs to sign it into law but that is considered a foregone conclusion. The law is scheduled to take effect on July 1st, 2019.
The following are the highlights of the bill’s provisions:
1) States what an AOB agreement is and regulates its validity and requirements
2) Addresses fees, prohibiting some and alters policy provisions in managed repairs
3) Shifts the burden of proof to the assignee re: failure to undertake newly transferred pre-suit duties and must prove that the failure has not prejudiced the insurer to perform contractually
4) Under certain conditions an insurance carrier will be allowed to make policies prohibiting assignment
5) Big revisions to the state’s one way attorney fees statute which under certain circumstances even allows the insurer to obtain fees
6) Notice provisions were added requiring the service providers to give both the insurers and the policy holders 10 days prior written notice before filing suit.
Clearly, this is a serious attempt to advance the goal of decreasing insurance costs while balancing the solvency needs of the industry. Exciting times are ahead, and we look forward to helping our clients chart their path.
Should you have any questions regarding this new legislation or regarding any other insurance matters, please contact us at firstname.lastname@example.org.
April 16, 2019
Ken obtained his Juris Doctor at Nova Southeastern University Shepard Broad College of Law, and was a member of the law school’s first class to graduate after full accreditation. While in law school, Ken was able to clerk at a law firm with fellow Equity Partner, Earleen Cote, starting a more than thirty year long friendship. When Ken started at Kubicki Draper, he was the 18th attorney in the firm, when it only had one office in Miami. In 1991, as Kubicki Draper continued to grow, Ken was given the opportunity to help the firm expand by opening the Fort Lauderdale office. Eleven years later, Ken went on to open the Fort Myers/Naples office, where he continues to be the Managing Partner.
Ken has been a part of the firm expanding over the years from one office with less than twenty attorneys, to a firm with thirteen offices and approaching 150 attorneys. While Ken enjoys practicing in the areas of bodily injury liability, premises liability, professional negligence, catastrophic/high exposure losses, and bad faith prevention matters, he also enjoys training claims professionals and having the flexibility to help mentor and train the firm’s next generation of trial attorneys.
When he is not practicing law or helping run the firm as an Equity Partner, Ken enjoys spending time with his wife, Josie, his two daughters, and the grandchildren he and Josie share.