Recent Property Insurance Assignment of Benefits Legislation

Posted in Legal Alerts, Newsletters - 2019 on April 30, 2019

After 6 years, the Florida Legislature has finally passed what appears to be an effective crackdown on Assignment of Benefit (AOB) abuse that has plagued first-party property insurance for years.  

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Legal Alert: US Supreme Court Rules Arbitration Agreements Barring Class Actions Are Enforceable

Posted in Legal Alerts on May 29, 2018

On May 21, 2018, the U.S. Supreme Court issued a significant decision in Epic Systems Corp. v. Lewis, determining whether or not employment contracts can legally bar employees from collective suits such as class actions. Dale Friedman, a litigation partner in Conroy Simberg's Hollywood office, takes a look at the Supreme Court's ruling and its impact. 

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Legal Alert: Second District Court Makes Significant Ruling in Personal Injury Protection (PIP) Case

Posted in Legal Alerts on May 18, 2018

Second District Court of Appeal rules that State Farm policy properly provides it will pay 80% of reasonable charges for medically necessary services but also caps reimbursement to "Schedule of Maximum Charges."

Appellate partner Diane H. Tutt takes a closer look at the decision.


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Legal Alert: Fourth District Affirms Summary Judgment in Favor of Insurer Where Insureds Never Notified Carrier that They Disputed Its Payment Before They Filed Suit

Posted in Legal Alerts on April 18, 2018

The Fourth District Court of Appeal issued its opinion in Goldman v. USAA, Case No. 4D17-1098 (Fla. 4 th DCA, April 18, 2018), which is a succinct, but very significant, first party case. In Goldman, the insureds suffered a plumbing leak and the insurer investigated the claim and issued payment. The insureds did not inform their carrier that they disputed the amount of the payment, but simply sued the carrier who promptly moved for compel appraisal. 

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Florida Fourth District Court of Appeal Rules on Application of Deductible in PIP Case

Posted in Legal Alerts on March 15, 2018

In State Farm Mutual Auto. Ins. Co. v. Care Wellness Center, the two-judge majority of a panel of the Fourth District ruled in favor of State Farm, holding that the deductible is applied after the reimbursement amount is determined pursuant to the policy/statutory limitation. Appellate partner Diane Tutt has more on this decision.


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