Archive by Month: October 2013

Case Law E-Alert

Posted in Newsletters - 2013 on October 31, 2013

We are pleased to advise that Diane Tutt, Board Certified Appellate Lawyer in the firm’s Appellate Department, has obtained a reversal on behalf of Nationwide Mutual Fire Ins. Co. in this case. The case originated with a claim brought against a Nationwide insured, Advanced Cooling and Heating, Inc. One of its customers claimed that Advanced did not perform its air conditioning repair and replacement in a proper fashion. Although Nationwide’s policy covered “property damage,” a defense was denied because of case law which has defined “property damage” as damage to property other than the work or components supplied by the insured. Nationwide’s policy also had several applicable exclusions in it.

 

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Case Law E-Alert

Posted in Newsletters - 2013 on October 24, 2013

In McCarty v. Myers, the Court reversed the trial court’s order granting injunctive relief, concluding that a group of chiropractors, massage therapists and acupuncturists including a fictional “Jane Doe” purporting to represent all injured Florida citizens, lacked standing to bring an access-to-courts challenge when they challenged the implementation of HB 119 (capping PIP benefits at $2,500.00 for non-emergency care; excluding licensed massage therapist and acupuncturists from being reimbursed medical benefits; and, requiring patients to seek care within 14 days of an accident).

 

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