December 15, 2022 | Legal Alerts

The Facts About Waiver of Subrogation Clauses

Subrogation allows an insurer to step into the shoes of the policyholder and file a claim against a third party who caused the damage. The theory behind a subrogation clause is that the insurance company should not have to bear the loss when someone else was to blame for the damages. Once the insurance company has paid the claim to the policyholder, it may look to see whether it can take legal action against another party to recover its losses. These claims are an important tool for an insurance company to help minimize its own losses and manage its risk.

December 6, 2022 | Legal Alerts

What Florida Employers Should Know About the Workers' Compensation 120-Day Rule

Florida law imposes strict timelines on insurance companies to accept or deny workers’ compensation claims after they are reported. Insurance companies must accept or deny compensability within 14 days after an accident is reported or a Petition for Benefits is filed. Even though this is a heavy burden on an insurance company, there are valid policy reasons why the law requires a quick and timely decision.  An issue arises when the carriers don’t have enough information to make a decision within 14 days.

November 18, 2022 | Legal Alerts

Common Claims in Breweries and Wineries and How to Address Them

The boom in craft breweries and premium wineries means there are more entrants into the business. Insurance companies are seeing a corresponding uptick in claims from breweries and wineries. The current economic conditions, especially inflation and labor shortages, are introducing new risks and increasing old ones at these businesses. Brewery and winery companies should seek out advice on risk mitigation strategies to help avoid large losses. Here are some of the most common claims insurers see resulting from operations at wineries and breweries.

November 18, 2022 | Announcements

Conroy Simberg’s Tallahassee Office Partners with Second Harvest to Fight Childhood Hunger

The firm’s Tallahassee office shared the spirit of giving this Holiday Season by collecting food donations for underprivileged families in the Tallahassee and surrounding areas.

The firm partnered with Second Harvest of the Big Bend which provides healthy food and other needed items for low-income and unemployed people to relieve situations of emergency and distress. As the region’s primary source for charitable food, Second Harvest acts as a storage and distribution depot for over 149 smaller front-line agency partners (emergency food pantries, soup kitchens, homeless shelters, children’s homes, homes for the mentally disabled, and domestic violence shelters) in 17 Florida counties -11 counties in the Feeding America service area (Calhoun; Franklin; Gadsden; Gulf; Jackson; Jefferson; Leon; Liberty; Madison; Taylor; and Wakulla), plus 6 counties under agreement with other North Florida food banks.

To learn more about Second Harvest of the Big Bend, please click here.

November 10, 2022 | Verdicts and Settlements

Orlando Attorneys Obtain Summary Judgment for an Automobile Insurer in a Declaration Action

Orlando attorneys, partner Rod Lundy and associate Tiffany Miles, recently won a motion for summary judgment in Hillsborough County for an automobile insurer in a declaration action, where the court found no duty to defend or indemnify an insured for a motor vehicle accident.  The insured operated a rented U-Haul when hitting a vehicle with 6 individuals, all claiming injury.  The carrier denied coverage, alleging the rented U-Haul was not covered under the insured’s policy.  The insured retained counsel after the six individuals in the opposing vehicle made injury claims.  Attorneys Lundy and Miles filed a declaratory judgment action, contending the rented U-Haul as a commercial vehicle was not a “covered” “insured” or “listed” auto under the policy, as it was a private passenger vehicle with “a cab separate from the cargo area;” they further contended the insured’s business use of the U-Haul fell within the policy’s “commercial enterprise” exclusion.  Several corporate and individual depositions preceded the carrier’s motion, which was opposed by the insured.  The motion for summary judgment was granted in full, and a final judgment was entered on behalf of the insurance company.