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Fifth District Rules that Emergency Provider Bills are Subject to the Policy Deductible

Posted in Announcements, Newsletters - 2015 on October 16, 2015

On October 16, 2015, the Fifth District Court of Appeal issued its Opinion in Mercury Insurance Co. of Florida v. Emergency Physicians of Central Florida, Case No. 5D15-1064, ruling that policy deductibles are to be applied to emergency provider bills.   

 

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Florida Supreme Court rules that evidence of future Medicare or Medicaid benefits is inadmissible at trial

Posted in Announcements, Newsletters - 2015 on October 15, 2015

The Florida Supreme Court issued an opinion on October 15, 2015 in Joerg v. State Farm Mutual Automobile Insurance Co., No. SC13-1768, in which it considered the admissibility of evidence regarding future Medicare benefits under the collateral source rule, and receded from its prior position in Florida Physician’s Insurance Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984).  Generally speaking, the law provides that payments from collateral source benefits are not admissible at trial because such evidence may confuse the jury with respect to both liability and damages. However, in Stanley, the Florida Supreme Court created an exception to this rule and held that “evidence of free or low cost services from governmental or charitable agencies available to anyone with specific disabilities is admissible on the issue of future damages.”  

 

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Third District Rules that Failure to Notify PIP Insurer of Provider’s Bill Results in no Benefits for PIP or Medical Payments Coverage

Posted in Announcements, Newsletters - 2015 on October 15, 2015

On October 14, 2015, the Third District Court of Appeal issued its opinion in State Farm Mutual Automobile Insurance Co. v. Gonzalez, Case No. 3D14-2290, ruling that, since the insurance company did not receive timely notice of a provider’s claim for benefits, there was no entitlement to benefits under either the Personal Injury Protection (“PIP”) or Medical Payments (“Med-Pay”) coverages of the policy. 

 

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Quarterly Newsletter - Fall 2015

Posted in Announcements, Newsletters - 2015 on October 7, 2015

We are pleased to announce that our 2015 Fall E-Newsletter has been published. Please take a few minutes to read it as it contains resource information on new case law updates, including liability insurance and workers’ compensation topics. The e-newsletter also provides updates on individual and collective results secured by Conroy Simberg. Please check back often for news about our caseload and successes.

For additional information on a specific topic within the e-newsletter, please contact us at: csg@conroysimberg.com

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Motion to Dismiss Obtained in Historic Mixed-Use Property on the Hollywood Broadwalk 

Posted in Announcements, Newsletters - 2015 on October 1, 2015

Partner Dale Friedman obtained a Motion to Dismiss with prejudice in the case of The Hollywood Beach Resort Rental Program, LLC v. Michael Jekic, Laura Welliver, Christian Morello, Maria Mejido, Judy Buchan, John Does 1-10 and Jane Does 1-10, Defendants and Hollywood Beach Hotel Owners Assoc., Inc. and Hollywood Beach Resort and Condo. Assoc., Inc., Nominal Defendants. This case was filed in federal action and involved the Hollywood Beach Resort, a historic mixed-use property on the Hollywood Broadwalk that operates through a condominium association as well as a timeshare association. Plaintiff was a timeshare rental company formed by Richard Schecher, the former President of the Board of Directors of the associations, and asserted claims against the individual members of the Board of Directors that succeeded Mr. Schecher's presidency. 

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