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Summary Judgment in Lien Impairment Lawsuit

Kendra Therrell, of the Fort Myers office, prevailed in obtaining a final summary judgment in favor of our client in a lien impairment lawsuit filed by a health care facility. In prior cases, the same trial judge had found the lien impairment statute to be unconstitutional as a special law which pertains to the creation, enforcement, extension, and/or impairment of liens based on private contracts. In this case, Kendra further persuaded the trial court to hold the lien law unconstitutional on additional grounds, including that it is a special law pertaining to the regulation of occupations which are already regulated by a state agency, in violation of Article III, §11(a)(20) of the Florida Constitution; the subject lien law impairs the obligation of contracts between the insurer and its insured, in violation of Article I, §10 of the Florida Constitution; and further, if the constitutionality ruling is overturned on appeal, the damages sought by the health care facility would be limited or reduced to the applicable underinsured motorist coverage policy limits. (The healthcare facility will likely appeal the ruling).

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