December 21, 2021 | Legal Alerts

Uncovering Fraud in Workers' Compensation Claims

Workers’ compensation fraud remains a serious problem in Florida. When employees wrongly file fraudulent claims, it raises the cost of doing business for employers, who must then pay higher premiums. In turn, this affects employees who may get lower wages. Although state law aims to prevent workers’ compensation fraud and imposes stiff penalties on alleged fraudsters, it is not always a successful deterrent. There are hundreds of investigations each year in Florida, and many of them result in prosecutions. 

December 9, 2021 | Legal Alerts

MRI Associates: “a schedule of maximum charges establishes a ceiling but not a floor”

This morning, the Florida Supreme Court issued its long-awaited ruling in MRI Associates of Tampa v. State Farm  No. SC18-1390.  On appeal from The Second District Court of Appeal, the Court accepted jurisdiction in this matter to determine whether State Farm’s policy of insurance properly elected of the schedule of maximum charges. The Court agreed with the Second, finding the PIP policy permitted the insurer to utilize the schedule of maximum charges even though the policy refers to other statutory factors used to determine reasonableness.

December 9, 2021 | Legal Alerts

Insurance Claims for Mass Shooting Events

While there is no universal definition of what constitutes a mass shooting, after the Sandy Hook Elementary School murders, Congress defined “mass killings” as those involving “three or more killings in a single incident.” The FBI uses the term “mass murder” and defines it as an event where four or more individuals are killed in a single incident, but the FBI does not have a formal definition for mass shooting. The terminology and definitions matter because they can affect the type of insurance coverage that applies, as well as trigger exclusions.

December 2, 2021 | Verdicts and Settlements

First Party Defense Verdict Obtained in a Hurricane Michael Trial

Michael Bonfanti and Joshua Canton, partners in the firm’s Tallahassee office, and their associate Taylor Hansford obtained a defense verdict in a Hurricane Michael first party property case tried over three days in Bay County, Florida.  The Plaintiffs argued at trial that their home was a total loss due to structural damage to the pilings by the hurricane. The Defendant argued that the home had no structural damage, was repairable, and that the Defendant had already paid its insureds the reasonable costs to repair the home prior to litigation. The jury awarded $0.00 for repair of the home. The Plaintiffs also failed to secure a verdict above the expired exclusive Proposals for Settlement served upon each Plaintiff, thus entitling the Defendant to recover its attorney’s fees.  

November 18, 2021 | Verdicts and Settlements

Partners Tom McCausland and John Viggiani Obtain Favorable Verdict in an Admitted Liability Accident

Thomas J. McCausland and John Viggiani, Partners in the firm recently obtained a favorable verdict in a 5 day jury trial in an admitted liability motor vehicle accident case in Jacksonville, Florida. The case involved a rear-end accident on northbound I-95 during stop and go traffic. The Plaintiff was driving a pick-up truck and pulling a travel trailer headed to Virginia. The Defendant driver was operating a company box truck and hit the rear of the travel trailer. Plaintiff did not go to the hospital and continued on with his trip to Virginia to pick up his wife. He was there a couple of days and then returned back to the Orlando area. At no time did the Plaintiff seek medical care or treatment. The Plaintiff's first medical care was 13 days after the accident.