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.

November 9, 2022 | Legal Alerts

Mitigating the Risk of Insurance Fraud With AI

The United States insurance industry is worth over $1 trillion spread across thousands of companies. Each year, insurance fraud conservatively costs these companies over $80 billion. These costs are ultimately passed along to consumers in the form of higher premiums. Insurance companies must stay one step ahead of those who seek to defraud them, and it is not easy to do so given the sophisticated methods fraudsters may use. One way that insurance companies can enhance their own anti-fraud capabilities is through the burgeoning technology of artificial intelligence.

October 25, 2022 | Verdicts and Settlements

Defense Verdict Obtained in Cast Iron Plumbing Suit

Robert Horwitz, a partner in the West Palm Beach/Hollywood office, obtained a defense verdict with a finding of no coverage. The Carrier had first found coverage during its claim investigation and paid the insured for repairs to his kitchen with the insured filing a supplemental claim for payment of tear out of his entire case iron; plumbing system and repairs to his entire home.

October 21, 2022 | Legal Alerts

Lack of Healthcare Professionals Leading to Rise in Professional Liability and Workers' Comp Claims

The nationwide labor shortage is changing how a wide range of services are provided throughout the country. It is growing increasingly difficult to find adequate staff in both skilled and unskilled professions. Adding fuel to the fire, COVID-19 has changed the workforce in many ways. Some employees are no longer able to work because of the symptoms of long-haul COVID, while others have left the workforce altogether. One particular area where the labor shortage has caused a serious impact is the healthcare field. 

October 20, 2022 | Legal Alerts

Tallahassee Attorneys Obtain a Defense Verdict in a First Party Windstorm Case

Joshua Canton, Michael Bonfanti, and Taylor Hansford from the firm’s Tallahassee, Florida office recently tried a first party windstorm case in Flagler County. The Plaintiffs argued at trial that the damage to the tile roof and interior of the home was caused by a non-catastrophic windstorm. The Defendant argued that the damage to tile roof was the result of wear, tear, and/or deterioration. The Defendant also argued the interior damage was excluded from coverage as it was not the result of a wind created opening caused by a peril insured against. The jury found for the Defendant and awarded the Plaintiffs nothing ($0) for repair of the home.