Developments in the Law

Developments in the Law

Can a Carrier’s Adjuster Be Sued Individually and/or Personally for Negligence or Bad Faith in the Handling of an Insured’s Claim Under Florida Law?

The answer, at least in Florida, seems to be “no.”  As a general rule an adjuster is deemed to be an agent for the carrier and thus, the adjuster’s conduct is imputed to the insurer, which is then potentially subject to liability for the adjus… Read More
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Categories: Insurance Coverage

Just Because It's Fraud, Doesn't Mean It's Not Covered!

Case:  Arzadi v. Evanston Insurance Company, 2018 WL 747379 (D. N.J., Feb. 7, 2018).  Suit was brought against Karim Arzadi, a practicing attorney in New Jersey and his law firm, Arzadi, Joworisak & Associates, LLC for allegedly engaging in fra… Read More
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Categories: Insurance Coverage

The Florida Supreme Court Hears Argument on Evidentiary Standards for Expert Testimony

   On March 6, 2018, the Florida Supreme Court heard oral arguments in a much anticipated case on the evidentiary standard for expert testimony in Florida. The case is Richard Delisle v. Crane Company, SC16-2182, and it marked the first time the Co… Read More
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The Florida Supreme Court Finds External Peer Review Reports Are Discoverable Under Amendment 7

The Florida Supreme Court Finds External Peer Review Reports Are Discoverable Under Amendment 7 By: Kimberly Kanoff Berman, Esq.    In a 5-2 decision, the Florida Supreme Court has quashed the Second District Court of Appeal’s decision on th… Read More
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MSC and the Defense of Class Action and Complex Commercial Litigation

MSC has vast experience in the defense of class action lawsuits and commercial litigation.  For example, MSC has successfully defended national class actions for alleged violations of the Americans with Disability Act (“ADA”) by medical faciliti… Read More
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Claims and Defenses in Nursing Home Litigation

Claims against long-term care facilities in Florida can involve a variety of complex legal issues, however, such claims can also be aggressively prosecuted and aggressively defended with an understanding of the legal framework involved. For example,… Read More
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Taking the Cap Off: The Florida Supreme Court Strikes Medical Malpractice Cap in Personal Injury Suits

In a much anticipated 4-3 decision, the Florida Supreme Court has affirmed the Fourth District Court of Appeal’s decision in North Broward Hospital District v. Kalitan, 174 So. 3d 403 (Fla. 4th DCA 2014), holding that Florida’s cap on nonecon… Read More
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Categories: Medical Malpractice

Worley Limits Evidence of Potential Bias By Treating Physicians

In a disappointing decision for the defense bar, the Florida Supreme Court has quashed the decision of the Fifth District Court of Appeal in Worley v. Central Florida Young Men’s Christian Ass’n, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015);… Read More
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Categories: Civil Litigation

Skin in the Game: Clarifying Good Faith in the Negotiation of Consent Judgments May Help Carriers

It is a generally accepted principle of insurance coverage that when an insurer fails to defend its insured, the “abandoned” alleged tortfeasor may enter into a reasonable settlement agreement and then accept a covenant from the plaintiff not to… Read More
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Ambiguity in Proposals for Settlement May Result In Invalidation

     Proposals for Settlement (“PFS”) made pursuant to Florida Statute § 768.79 and Florida Rule of Civil Procedure 1.442, which provide for statutory fee-shifting of attorneys fees when a settlement offer is unreasonably rejected if certain… Read More
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Categories: Civil Litigation