41 Fla. L. Weekly S62aTop of Form Insurance — Uninsured motorist — Bad faith — Insured is entitled to a determination of liability and full extent of damages in UM action before filing a first-party bad faith action — Determination of damages in UM action is binding, as an element of damages, in a subsequent Read More »
Articles
Insurance — Underinsured motorist — Bad faith — Jurisdiction — Removal — Remand to state court
26 Fla. L. Weekly Fed. D6aTop of Form Insurance — Underinsured motorist — Bad faith — Jurisdiction — Removal — Remand to state court — Removal of insured’s state court lawsuit against the insurer for underinsured motorist benefits after insured amended the complaint to add a claim for statutory bad faith pursuant to Florida law Read More »
Wrongful death — Medicaid lien on wrongful death settlement — Trial court properly apportioned settlement amount based on formula in Florida’s Medicaid Third-Party Liability Act
41 Fla. L. Weekly D424d of Form Wrongful death — Medicaid lien on wrongful death settlement — Trial court properly apportioned settlement amount based on formula in Florida’s Medicaid Third-Party Liability Act — Federal Medicaid Act’s anti-lien provision does not preempt Florida’s Medicaid Third-Party Liability Act where a Medicaid lien is imposed on a wrongful Read More »
Torts — Automobile accident — Evidence — Expert — Trial court erred in granting defendant’s motion for new trial on ground that neurosurgeon’s trial testimony was inadmissible under Daubert where defendant did not make Daubert objection until after trial
41 Fla. L. Weekly D423aTop of Form Torts — Automobile accident — Evidence — Expert — Trial court erred in granting defendant’s motion for new trial on ground that neurosurgeon’s trial testimony that plaintiff’s herniated disc was caused by accident was outside his area of expertise and inadmissible under Daubert v. Merrell Dow Pharmaceuticals, Inc. Read More »
Workers’ compensation — Medical benefits — Diagnostic testing after claimant’s discharge from emergency room for workplace injury — Judge of compensation claims erred in denying claim for payment of medical bills for diagnostic testing
41 Fla. L. Weekly D401bTop of Form Workers’ compensation — Medical benefits — Diagnostic testing after claimant’s discharge from emergency room for workplace injury — Judge of compensation claims erred in denying claim for payment of medical bills for diagnostic testing on ground that further diagnostic testing was not directed at assessing or treating compensable Read More »