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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for February 2018

February 23, 2018 by admin

Insurance — Uninsured motorist — Bad faith — Civil remedy notice — Estate of motorist who was killed when a dump truck owned by an underinsured company struck the taxi he was driving filed action against motorist’s automobile insurer, seeking underinsured motorist benefits and asserting claim for statutory bad faith — Insurer is entitled to summary judgment as matter of law on statutory bad faith claim filed by motorist’s girlfriend, as personal representative of motorist’s estate — Under Florida law, civil remedy notice submitted by plaintiff, which lists automobile insurance policy on vehicle owned by plaintiff, did not support statutory bad faith claim based on insurer’s failure to pay underinsured motorist benefits on separate automobile policy covering vehicle owned by motorist –

27 Fla. L. Weekly Fed. D67a Insurance — Uninsured motorist — Bad faith — Civil remedy notice — Estate of motorist who was killed when a dump truck owned by an underinsured company struck the taxi he was driving filed action against motorist’s automobile insurer, seeking underinsured motorist benefits and asserting claim for statutory bad […]

Filed Under: Articles

February 23, 2018 by admin

Torts — Insurance — Automobile liability — Settlement agreement — Where defendant’s automobile liability insurer complied with essential terms of plaintiff’s settlement demand and tendered a check for the full limits of policy, the fact that settlement check included hospital which may have had a lien for medical services as a co-payee did not convert the acceptance of plaintiff’s offer into a counteroffer — Trial court properly enforced settlement and dismissed plaintiff’s action

43 Fla. L. Weekly D425b Torts — Insurance — Automobile liability — Settlement agreement — Where defendant’s automobile liability insurer complied with essential terms of plaintiff’s settlement demand and tendered a check for the full limits of policy, the fact that settlement check included hospital which may have had a lien for medical services as […]

Filed Under: Articles

February 23, 2018 by admin

Workers’ compensation — Medical benefits — Employer’s authorization of certain treatments while insisting that treatments be performed by health care provider other than claimant’s treating physician amounted to de facto deauthorization of treating physician — Employer did not satisfy requirements of statute allowing employer to transfer care of employee if independent medical examination determines employee is not making appropriate progress in recuperation

43 Fla. L. Weekly D413b Workers’ compensation — Medical benefits — Employer’s authorization of certain treatments while insisting that treatments be performed by health care provider other than claimant’s treating physician amounted to de facto deauthorization of treating physician — Employer did not satisfy requirements of statute allowing employer to transfer care of employee if […]

Filed Under: Articles

February 23, 2018 by admin

Torts — Dismissal with prejudice — Fraud on court — Evidence did not support trial court’s finding that plaintiff committed fraud on the court by failing to disclose that he had suffered injuries in a prior automobile accident and by giving false testimony — Remand for trial court to reconsider whether remaining findings cumulatively support conclusion that plaintiff committed fraud on the court

43 Fla. L. Weekly D401a Torts — Dismissal with prejudice — Fraud on court — Evidence did not support trial court’s finding that plaintiff committed fraud on the court by failing to disclose that he had suffered injuries in a prior automobile accident and by giving false testimony — Remand for trial court to reconsider […]

Filed Under: Articles

February 23, 2018 by admin

Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for attorney’s fees pursuant to offer of judgment statute on ground that insurer’s nominal proposal for settlement was not made in good faith

43 Fla. L. Weekly D395a Top of Form Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for […]

Filed Under: Articles

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