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, 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.

November 8, 2021 | Legal Alerts

Liability Issues When Insuring Commercial Drones

Commercial drones, or unmanned aircraft vehicles (UAVs), have already shown the ability to increase business efficiency and make various practices – including safety analysis – more cost-effective. As the benefits of drone use in business continue to be revealed and the associated technology continues to improve, more commercial drones are being put into use every week. In fact, an average of 1,000 commercial drones are registered with the Federal Aviation Administration every week. As with any emerging technology, drone usage comes with risks and associated potential liability. As the industry continues to experience increased regulation, the potential for expensive liability claims is correspondingly increasing. Below we explore the liability issues when insuring commercial drones.  

October 27, 2021 | Verdicts and Settlements

Defense Verdict Obtained in Products Liability Case

Cristobal Casal, Managing Partner of the Fort Myers office, obtained a defense verdict in a products liability personal injury lawsuit involving an exploding lithium ion battery that Plaintiff was using in an electronic cigarette device.  The client was sued for selling a lithium ion battery that was alleged to have design defects that allowed it to short-circuit, catch on fire, and cause the Plaintiff to suffer second and third degree burns to his left hand.  The Plaintiff was a middle aged information technology worker who claimed that he had lost grip strength in his hand, was suffering from mild carpal tunnel disorder, and tremors and shaking that were not present before the date of the event.  Plaintiff boarded more than $77,000.00 in incurred medical expenses and asked the jury to award up to $3,300,000.00 during closing argument.  The trial took place over five days in Sarasota County, Florida.  The jury deliberated for 90 minutes before rendering their verdict in favor of the defense and finding no entitlement to damages.  The client will be entitled to pursue its attorneys’ fees and costs as there was a Proposal for Settlement served on the Plaintiff that was allowed to lapse.