Archive by Month: April 2024

Florida Supreme Court Rules on Billed Amount

Posted in Legal Alerts on April 29, 2024

On April 25, 2024, the Florida Supreme Court issued its decision in Allstate Insurance Company, et. al, v. Revival Chiropractic, LLC, SC2022-0735.    More than a year after oral argument, the Court finally and definitively ruled on “Billed Amount” concluding “…the provisions of both the statute and the policy support Allstate’s payment of 80% of the amount of the charges submitted.”  Id.  Although Revival made its way to the Florida Supreme Court by way of certified question posed by the United States Court of Appeal for the Eleventh Circuit, the Billed Amount issue has pervaded Florida state courts and PIP suits for well over half a decade.  As expressed by the Court, “the question for decision is whether the insurer here may pay 80% of a charge submitted by a provider even when that reimbursement amount is less than the amount that would be reimbursable under the limitations of the statutory schedule of maximum charges.”  In no uncertain terms, the Court found the Allstate policy expressly authorized such a payment and nothing in the PIP statute prevented payment in accordance with Allstate’s policy.  

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Miles A. McGrane, IV Named Fellow of Litigation Counsel of America

Posted in Announcements on April 24, 2024

Miles A. McGrane, IV, a partner in our Hollywood office, has been selected as a Fellow of the Litigation Counsel of America. He has also been inducted into the Order of Veritas, one of LCA’s honorary trial orders.  

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Summary Judgment Secured in Engineering Services Case Not Covered Under Policy

Posted in Verdicts and Settlements on April 12, 2024

Noelia Vaccaro, an attorney in the firm’s first party practice group prevailed on a motion for summary judgment in a case involving the services of an engineer the insured retained after reporting the loss. She argued that the services the plaintiff performed were not covered under the policy because defendant did not constitute a cost to repair or replace the damaged property, as the plaintiff merely prepared a report that contained no narrative — i.e., no observations, analysis, conclusions, or recommendations — and, instead, consisted primarily of photographs.

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Tallahassee Attorneys Secure Summary Judgment in a Premises Liability Case

Posted in Verdicts and Settlements on April 2, 2024

Joshua C. Canton, managing partner of the firm's Tallahassee, Florida office, along with Justin B. Hales, an associate in the firm’s Tallahassee, Florida office, recently prevailed on a motion for summary judgment in a premises liability case in Wakulla County,  Florida where they successfully argued the Defendant breached no duty owed to the Plaintiff and the cause of the subject incident was an unforeseeable “Act of God”.

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