Developments in the Law

Developments in the Law

FLORIDA SUPREME COURT ISSUES FAR-REACHING BAD FAITH OPINION IN HARVEY V. GEICO

McIntosh, Sawran & Cartaya, P.A. Insurance Coverage Division September , 2018 On September 20, 2018, in a 4-3 controversial decision, the Florida Supreme Court arguably changed the landscape of Florida law on insurer “bad faith” for…
Categories: Insurance Coverage

Treating Physicians v. Expert Witnesses: The Florida Supreme Court Weighs In

By: Dominic F. DeCesare, Civil Clinic Legal Intern             As my evidence professor, Mark Dobson, would always say during lectures: “Read the rules, learn the rules, love the rules!”  This piece of advice is true not only for law…
Categories: Expert Testimony

USE OF EXPERTS IN INSURANCE COVERAGE AND BAD FAITH LITIGATION AND DISPUTES

Douglas M. McIntosh, President, McIntosh, Sawran & Cartaya, P.A. August, 2018 ______________________________________________ “Expert evidence has a powerful and potentially misleading effect and may be assigned talismanic significance in t…
Categories: Expert Testimony

BAD BEHAVIOR: FLORIDA LAW ON CONTRACTS OF INDEMNIFICATION WHICH SEEK TO INDEMNIFY A PARTY AGAINST ITS OWN WRONGFUL ACTS

Indemnification agreements are an extremely common provision found within in a wide variety of written contracts.  In a world where injuries and accidents spawn quick litigation against multiple parties, even if those parties are only tangentially i…
Categories: Insurance Coverage

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…
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…
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…

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…

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…
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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,…