Recent Developments in Co-Owner Vicarious Liability By Martin G. Deptula, Esq. Published in “Paraclete,” The Magazine for the Legal Professional, April 2014 In Ortiz v. Regalado, 113 So.3d 57 (Fla. 2d DCA 2013), the Second DCA addressed the issue of vicarious liability amongst vehicle co-owners. Mr. Ortiz jointly owned a motor vehicle with his […]

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21 Fla. L. Weekly Supp. 344b Online Reference: FLWSUPP 2104PHIL Insurance — Personal injury protection — Standing — Assignment — Where insured executed document assigning benefits to medical provider who rendered services, submitted bills to insurer, and filed suit against insurer, provider is real party in interest — There is no distinction between direction to […]

21 Fla. L. Weekly Supp. 358b Online Reference: FLWSUPP 2104KERS Insurance — Personal injury protection — Discovery — Documents — Work product — Adjuster’s notes in claims file that were revealed on in camera inspection to be relevant and to be part of ordinary claims process, not work product, are not privileged — Question certified: […]

39 Fla. L. Weekly S122a Insurance — Uninsured motorist — Compulsory medical examination — An insured’s breach of a compulsory medical examination provision in an uninsured motorist policy of insurance does not result in forfeiture of benefits unless the insurer pleads and proves it was prejudiced as part of its affirmative defense — CME provision […]

Opinion filed March 26, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-2838 Lower Tribunal No. 10-57076 ________________ State Farm Insurance Company, Appellant, vs. Hermina and Oscar Reyes, Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto,  Judge. Bernstein, Chackman, Liss & Rose; Elizabeth K. Russo […]