Archive by Month: May 2023

Hinda Klein Obtains Reversal of a Directed Verdict on Causation

Posted in Verdicts and Settlements on May 19, 2023

Hinda Klein, head of the firm’s appellate division, was successful in obtaining a reversal of a directed verdict on causation in a case before the new Sixth District Court of Appeal.  The case involved a 24-year-old Plaintiff who was in an accident with our client and claimed to have suffered serious low back injuries.  The Plaintiff did not complain of back pain in the emergency room, did not seek medical attention for his back pain for about 18 days after the accident and was previously and subsequently engaged in rowing crew competitively.  In addition, the Plaintiff had consulted a chiropractor before the accident for low back pain and did not complete his course of treatment.  The trial court directed a verdict against the defense on the ground that no expert testified that the Plaintiff had not suffered some injury in the accident. 

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Summary Judgment Obtained in Premises Liability Case

Posted in Verdicts and Settlements on May 15, 2023

Conroy Simberg partner Atheseus R. Lockhart and associate Aaron Zeilberger  recently received summary judgment in favor of their client in a premises liability action. The owner of the property rented the home to a tenant who installed a rope swing without the knowledge of the homeowner. The tenant invited friends to the residence and a child was hurt after the swing broke and the child fell on exposed tree roots. Defense theories include lack of control or possession of the property at the time of the incident and exposed roots were an open and obvious condition and not an unknown danger.

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Using Cybersecurity in Insurance Fraud Investigations

Posted in Legal Alerts on May 12, 2023

In the past, insurance fraud detection consisted of employees manually poring over data and investigating potentially fraudulent claims. While the human element was sometimes effective, many instances of fraud got past gatekeepers and cost insurance companies large amounts of money. As insurance fraudsters have gotten more sophisticated, insurance companies have needed to stay one step ahead of them. At the very minimum, they need to keep pace with modern criminality.

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West Palm Beach Attorneys Prevail on their AOB Motion to Dismiss

Posted in Verdicts and Settlements on May 12, 2023

West Palm Beach attorneys Melissa G. McDavitt and Brittany N. Jones, prevailed on their Motion to Dismiss Plaintiff’s Complaint with Prejudice in an Assignment of Benefits (AOB) case.

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Affirmance on Appeal of a Defense Verdict in a First Party Homeowner's Insurance Case Secured

Posted in Verdicts and Settlements on May 11, 2023

Samuel Spinner, appellate associate, and Hinda Klein, appellate partner, recently obtained an affirmance on appeal of a defense verdict in a first party homeowner's  insurance case brought by an assignee roofing company. At trial, which was handled by partner Robert Horwitz, the jury returned a verdict for the insurer, finding that the roofing company failed to demonstrate that the property's roof was damaged by Hurricane Irma.

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