Monthly Archives: August 2013

Duo Defends Insurer Against Non-Disclosure of Defective Drywall

August 11, 2013 by on News

Judge Agrees Insurer Not Liable on Owner’s Misrepresentations Senior Partner John Joy (Ft. Laud.) and Junior Partner Kelly Corcoran (WPB) recently obtained a Final Declaratory Judgment on behalf of the insurer in an action to determine insurance coverage regarding the existence of Chinese drywall in a home. The claims against the insured were related to representations by the insured during the sale of a home regarding the non-existence of Chinese drywall (even though it was alleged the insured knew Chinese […]

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Judge agrees with WLSC: Medical, Vocational Evidence Rules Out PTD Claim

August 11, 2013 by on News

Claimed L2 back injury didn’t prevent work, work and more work Allison Chittem Hartnett and Lourdes C. de Armas-Suarez obtained a favorable ruling on behalf of WLSC’s Employer/Carrier client, defeating a workers’ compensation permanent and total disability claim. The Claimant in this case was working as a mezzanine installer when he suffered a compensable fall from a mezzanine and injured his back. Medical treatment was authorized and the Claimant was diagnosed with a L2 compression fracture. Back surgery was performed […]

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Walton Lantaff prevails for second time in highly litigated Palm Beach PTD claim

August 11, 2013 by on News

No catastrophic injury; no loss of earning capacity. Senior Partner Gregg Margre and Associate Michele Bachoon, attorneys in the firm’s West Palm Beach Office, prevailed before the Judge of Compensation Claims in a Permanent Total Disability (“PTD”) claim which was previously litigated. The Claimant, a bus driver, was injured in three separate workers’ compensation accidents on September 26, 1996, August 21, 2001, and November 10, 2004. The Claimant continued to work for the Employer following her accidents and retired on […]

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Bathroom Remodel Goes Awry, Sledgehammer Gets Blame; WLSC Succeeds in Protecing Insurer

August 10, 2013 by on News

Partner Douglas Cohen Esq. of WLSC’s Fort Lauderdale office successfully defended Citizens Property Insurance Corporation against a first party property loss claim by arguing the lawsuit should be dismissed solely based on the Pleadings. Judgment on the Pleadings may be available when Plaintiff’s allegations, even if taken as true, are excluded under the unambiguous language of the insurance policy. The Plaintiff’s Complaint alleged that while the Plaintiff was performing a remodeling of his bathroom, he lost control of the chipping/sledgehammer […]

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