Diminution of Value Case Tried in Clay County

October 6, 2021 Verdicts and Settlements

Courtney Cargill, an associate in our Jacksonville office, recently tried a diminution of value case in Clay County. Plaintiff argued the accident caused by the Defendant resolved in more than $14,000.00 in damages and cause his 2021 Mazda to diminish in value by more than $8,000.00. The defense admitted liability, but argued the Plaintiff was made whole when he successfully traded in his vehicle and received more than his expert’s estimated value. Without his expert, Plaintiff was unable to prove his case and the Judge ruled in favor of the defense.

Complex and Large Loss Insurance Subrogation Actions

September 27, 2021 Legal Alerts

Insurance companies that cover large and complex losses typically include subrogation clauses in their policies to protect their assets and their policyholders. Subrogation clauses allow insurers to pay policyholder claims while also taking legal action against an at-fault third party or parties that caused the loss. To ensure subrogation is successful, it is within an insurance company’s best interests to work with experienced legal counsel that handles both commercial and personal insurance matters including losses that range in size up to well over six figures. A legal team can be most impactful during subrogation action when brought into the claims process from the beginning instead of waiting weeks or months to be involved. Taking immediate action on matters involving subrogation will assist carriers in securing a significant recovery to offset policyholder losses.  

Insurance Fraud Investigations

September 17, 2021 Legal Alerts

Insurance fraud investigations focus on attempts for individuals to benefit from deceitful insurance claims. It is illegal for a person to file a false or inflated claim. According to the Coalition Against Insurance Fraud, each year an estimated $80 million is paid out in fraudulent insurance claims. That amount of money changes the insurance market and causes insurance premiums to increase. There are many types of insurance fraud that are seen throughout the insurance industry affecting healthcare, disability, disaster, vehicle, homeowners, commercial insurance and more. Many insurance companies are forced to take extreme caution when paying out insurance claims to avoid being the victim of fraud. Insurers deserve to be protected from false claims which is why it is essential for all insurers to have an experienced legal team on their side to help evaluate potential fraud and misrepresentation in all areas of their insurance company. 

 

Leveraging Technology to Protect Companies from Big Verdicts

September 1, 2021 Profile Stories

Many companies are taken to court for a variety of false claims, fraudulent allegations, and more that result in the businesses paying out exorbitant sums of money, sometimes considered “nuclear verdicts” because they can completely bankrupt a company, destroying it like a nuclear bomb. Massive punitive damages, commonly exceeding $10 million, can damage a company’s reputation all because of a false or extremely misleading narrative. Companies with permanently tarnished reputations may have to change the direction of their business in the future just to stay afloat. To prevent this from occurring, companies in multiple industries are turning to technology to help protect their reputations, predict when fraud is occurring, and prevent unmeritorious claims from being brought against them. This technology could be seen as extreme in some circles, however, using it to protect a business is incredibly common. Security systems with video surveillance have been around for decades and have helped prevent theft of physical items and prove when fraud occurs in some cases. Newer AI-driven technology can increase that level of security and protect a company from lawsuits with potentially big verdicts.