Archive by Month: May 2022

Florida Supreme Court Amends PFS Rule To Preclude Non-Monetary Conditions Other Than A Dismissal

Posted in Legal Alerts on May 26, 2022

On May 26, 2022, the Florida Supreme Court amended Rule 1.442 of the Rules of Civil Procedure to remove any reference to non-monetary conditions in a Proposal for Settlement. In short, any Proposal for Settlement served after July 1, 2022 can no longer include conditions, such as the execution of a release, as a condition of the settlement. The only exception to this amended rule is that Proposals may be conditioned on the requirement that the Plaintiff dismiss his/her complaint against the defendant.

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Conroy Simberg Attorneys to Speak at the FIFEC Conference

Posted in Announcements on May 25, 2022

Conroy Simberg is pleased to announce that 5 of our partners will speak on PIP Trends and First Party Property Law at the Florida Insurance Fraud Education Committee’s (FIFEC) 30th Annual Conference. The educational seminar, which is sponsored by the firm, will take place in Orlando on June 8-10, 2022. 

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Jurisdiction and Venue

Posted in Legal Alerts on May 24, 2022

One of the major questions at the outset of a case is whether a court can take jurisdiction over it. The first determination is whether Florida is the appropriate state in which to file the workers compensation claim. Of course, if an accident happened in the State of Florida, a claim can probably be filed for benefits under the Florida Workers Compensation Act; Chapter 440 of the Florida Statutes.  However, an employee may be able to file a claim in Florida for an accident that occurred outside of Florida if the employment contract was made in Florida or if the employment was principally based in Florida.  If you have an issue with an Employee seeking benefits in under Florida Workers Compensation, for an accident outside the State of Florida, we can provide guidance on possible defenses and investigation.   

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DeFi Insurance: What It Is and How It Works

Posted in Legal Alerts on May 18, 2022

The decentralized finance (DeFi) market is a new one with limitless possibilities. Along with the excitement come a number of risks in this nascent field. A lack of regulation, bad actors, and unstable systems have the potential to cause large losses. However, a new industry has emerged to meet the needs of people who want to participate in DeFi while protecting themselves against some of the potential risks. Now, people can purchase insurance against many of the losses they might encounter. However, like DeFi itself, this fledgling insurance market also has its own risks and challenges.


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Fort Myers Attorneys Obtain Defense Verdict in a First Party Property Case

Posted in Verdicts and Settlements on May 17, 2022

Cristobal Casal, managing partner, and Elliott Tubbs, an associate, in the firm’s Fort Myers office, obtained a defense verdict in a first party property case tried over 2 days in Lee County, Florida. Plaintiff was a roofing company and claimed that the insured home was damaged as a result of Hurricane Irma and that the insurance carrier breached the subject policy of insurance by not providing coverage for the alleged roof damage. The plaintiff demanded the full amount of an entire roof replacement for a roof that was built in 2003. The jury found that the Plaintiff had not met its burden of proving that the roof was damaged within the policy period and returned a defense verdict after deliberating for less than 15 minutes. 

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