Category: legal-alerts

Review of Privileged Materials at Deposition

Posted in Legal Alerts on May 14, 2024

Please take note that the Third District recently issued an opinion that may impact how you defend corporate representative depositions in first-party property cases. In the past some of us may have asserted that documents within the claims file are privileged, while at the same time allowing our corporate representative to review those same documents during the deposition to refresh his/her recollection pursuant to a protective order.   

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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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How To Provide Clients with Timely and Accurate Evaluations of Losses for Subrogation and Potential Recovery

Posted in Legal Alerts on January 4, 2024

Subrogation is an important legal process by which an insurance company can reduce its financial losses by recovering the costs it paid out for a claim from the responsible party. Maximizing financial recovery and ensuring legal compliance are important goals for insurers. The attorneys at Conroy Simberg can help you provide your clients with timely and accurate evaluations of losses for subrogation and potential recovery, which will help contribute to the efficiency and effectiveness of the insurance claims process.

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Legal System Abuse Is Driving Claims Costs Up

Posted in Legal Alerts on December 18, 2023

Lawyers have a professional responsibility to uphold the law. The law says that people who are injured by the actions of others have the right to be compensated for their losses. Some of those losses are easy to calculate because they are expenses incurred as a result of an injury. Other compensable losses involve placing a value on the quality of human life, and the amount of compensation can often be as high as a jury can be persuaded to go.

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Tallahassee Attorneys Successfully Obtain Final Summary Judgment in Employment Discrimination and Breach of Contract Lawsuit

Posted in Legal Alerts on December 1, 2023

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 Final Summary Judgment in a fourteen count employment discrimination and breach of employment contract suit, wherein Plaintiff alleged she was terminated due to her gender and pregnancy status and was subject to a hostile work environment. The Defense argued that Plaintiff had executed a valid release in Defendant’s favor which related to the nine contractual counts.  The Defense further argued that Plaintiff was terminated for legitimate non-discriminatory non-pretextual reasons.  After a ten hour evidentiary hearing the Court granted final summary judgment in the Defendant’s favor.

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