Category: legal-alerts

Reviewing Post-Pandemic Insurance Liability Issues for the Hospitality Industry

Posted in Legal Alerts on June 24, 2022

The COVID-19 pandemic has complicated liability insurance for the hospitality industry. A multitude of lawsuits has forced insurance companies to reevaluate how they provide and price insurance for this industry. Insurance companies must now shoulder much more risk than in the past, especially given the lawsuits against hotels and restaurants for both COVID-19 transmission and labor practices. Now, the hospitality industry must address a new reality.  

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The Ins and Outs of Commercial and Charter Boat Insurance

Posted in Legal Alerts on June 17, 2022

Boats are used commercially for many reasons. Some owners will allow their boat to be chartered, often for a day out on the water or as a fishing boat. Others may use commercial boats for transport or to move cargo. Either way, boat accidents can result in significant liability for the owner when an accident causes injuries to passengers, damage to other boats, or the loss of cargo. Major insurance companies offer commercial boat insurance that protects boat owners if there is an accident.

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Conroy Simberg Attorneys Obtain Defense Win In $161 Million Fire Loss Case

Posted in Legal Alerts on June 10, 2022

Robert Horwitz, a partner in the firm’s West Palm Beach office, along with Diane Tutt, an appellate partner in the firm’s Hollywood office and Jared Ross, an associate in the firm’s Hollywood office, recently prevailed with a complete defense verdict after a three-week non-jury trial in Miami-Dade County. 

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Summary Judgment Obtained in a Premises Liability Case

Posted in Legal Alerts on June 1, 2022

Cristobal Casal and Yasmine Kirollos, Partners in our Fort Myers office, obtained summary judgment in favor of Target in a premises liability lawsuit in which Plaintiff alleged that she suffered a slip and fall while at the store.  Plaintiff claimed she fell due to a spill involving a blue liquid in one of the main aisle ways.  The lawsuit was initially filed in state court, however, Target removed the case to the United States Middle District Fort Myers Division citing diversity of jurisdiction.  Target argued that Plaintiff had failed to prove that the store had actual or constructive notice of the substance under the requirements of the state’s transitory foreign substance law. The federal court agreed in entering summary judgment and found Target to be the prevailing party in this matter.

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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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