Developments in the Law

Is That Claim Covered? An Overview of CGL Policies

Determining if a lawsuit or demand triggers coverage under a standard comprehensive liability policy is, unfortunately, not always a simple or straight-forward question.  Rather, it requires some understanding of how the standard CGL policy is desig… Read More
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Plaintiff's Wrongful Death Medical Malpractice Verdict Reversed and Remanded for New Trial Due to the Admission of Prejudicial Undisclosed Expert Testimony

          In Doctors Company v. Plummer, a patient visited a health clinic, complaining of an earache. The patient was given antibiotics and told to follow up in two weeks. Two weeks later, the patient then treated with the defendant doctor,… Read More
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Categories: Medical Malpractice

Medical Malpractice or Simple Negligence?

On December 21, 2016, the Fourth District Court of Appeals determined whether the facts pled in Ferraro and Ferraro v. Horizon Medical Services and Reyes constituted a medical negligence action for purposes of triggering the pre-suit requirements und… Read More
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Fifth District Court of Appeal Holds Amended Rule 1.190 Requires a Hearing Before the Amendment of a Complaint to Assert Punitive Damages

Currently, in order to assert a claim for punitive damages in Florida,  the plaintiff must move for leave to amend their complaint to add punitive damages.  Florida law holds that parties have a substantive right not be subjected to a punitive dama… Read More
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Categories: Insurance Coverage

The Fourth District Court of Appeal Holds that an Award of Future Medical Expenses Requires Evidence of Life Expectancy

The Fourth District Court of Appeal Holds that an Award of Future Medical Expenses Requires Evidence of Life Expectancy Earlier this month, in an uninsured motorist suit against GEICO, the Fourth District Court of Appeal considered what evidence is n… Read More
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SEBO V. AMERICAN HOME ASSURANCE CO. AND THE “MULTIPLE PERILS” CONUNDRUM

Determining what aspects of a property loss are covered by property insurance can often be confusing to the layperson, and sometimes even to those experienced in this area. One complex issue that can arise in this respect occurs when property damage… Read More
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Significant Development in Employment Law – FLSA Rule Change Held Invalid

On May 23, 2016, the Department of Labor published the Final Rule increasing the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $921 per week ($47,892 annually). This change has major implications for employers an… Read More
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Categories: Employment Law

The Eleventh Circuit Provides Guidance on “Bad Faith” Negotiation of Coblentz Agreements in Florida

Recently in Sidman v. Travelers Cas. & Sur., 15-15197, 2016 WL 6803034 (11th Cir. Nov. 17, 2016), the Eleventh Circuit Court of Appeals provided guidance on a very important issue to insurers in Florida – the circumstances under which a consent… Read More
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Categories: Insurance Coverage