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Author: Walton Lantaff

First DCA work comp case (Misrepresentation defense)

August 6, 2020 by on Events and Seminars

On July 20, 2020 the First District Court of Appeals issued an opinion in the case LSG Sky Chefs, Inc. / Liberty Mutual Insurance Company v. Santaella, Case. No. 1D19-4073, affirming the Judge of Compensation Claims’ order denying the Employer/Carrier (E/C) misrepresentation defense. The pertinent Florida statute in dispute is statute 440.105(4)(b)1-3., which states it is unlawful for any person to make, or cause to be made, any false, fraudulent, incomplete, or misleading oral or written statement for the purpose […]

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Dealing with Public Adjusters and Loss Consultants (Aug. 14th Webinar)

July 20, 2020 by on Events and Seminars

Walton Lantaff Schroeder & Carson invites you to attend a free CEU course: “Dealing with Public Adjusters and Loss Consultants (Webinar)” Date: Friday August 14, 2020Time: 10:30 a.m. EDTDuration: 1 hour (approx.) REGISTER HERE: Provider #1256 (Walton Lantaff)Course ID #1127775Course Offering 113720Course Authority: CE0324ACourse Level: Intermediate This webinar is designed as a panel discussion to address the duties of public adjusters as well as the emergence of loss consultants involved in adjusting property insurance losses. It will discuss the […]

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3rd DCA Opinion Provides Guidance in Alleged Waiver of Appraisal Provision Cases

July 16, 2020 by on Events and Seminars

On June 24, 2020, the Third District Court of Appeal issued an opinion in the case of Peoples Trust Insurance Company v. Lavadie, et al., Case No. 3D-19-1153 (which consolidated Case Nos.: 3D19-962 and 3D19-810).  The opinion addresses two consolidated appeals from a property insurance case originating in Miami-Dade County challenging the insurance company’s right to compel appraisal prior to litigation.  Of note is the Court’s clarification as to insured’s argument claiming waiver of the appraisal provision for failing to […]

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No, You’re Not Entitled to an Expert Witness Request for Production

July 10, 2020 by on Events and Seminars

Regardless of what field you practice in, any litigator in the State of Florida will be familiar with what’s been dubbed “Expert Witness” requests for production. It is used to obtain documentation regarding a party’s expert witnesses, such as their reports, photographs, CVs, and the material referenced in generating their opinions. Although this is so common, nowhere in the Florida Rules of Civil Procedure is this method of expert discovery condoned. Expert witness discovery is governed by 1.280(b)(5), Florida Rules […]

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Allison C. Hartnett | Attorney Spotlight | July 2020

July 1, 2020 by on Events and Seminars

Allison C. Hartnett, Esq. is the Firm’s newly elected Managing Partner.  She is the first female to hold the position in the Firm’s 85-year history.  After attending Bunnell High School in Stratford, Connecticut, and undergraduate school at the University of Connecticut, she found her way to law school in Miami. It was while she was still in law school that Ms. Hartnett came to the Firm as a law clerk. She never left. After graduating from The University of Miami […]

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Misconceptions Regarding Policy Conditions: Insurer’s Request for a Signed, Sworn Proof of Loss

June 23, 2020 by on Events and Seminars

When an insured makes a property claim to their insurance carrier, the insurer has the right to investigate that claim prior to an insured filing a lawsuit. One of the common pre-suit policy conditions contained in an insurance policy is an insurance company’s right to request a signed, sworn proof of loss is provided within a specified period of time from the Insured, generally 60 days. A signed, sworn proof of loss is a document prepared by or on behalf […]

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WLSC obtains Dismissal in favor of Defendant Insurer against Plaintiff Insured when Plaintiff’s Counsel Made Alterations to the Estimate During Litigation

June 16, 2020 by on Events and Seminars

How to Turn an Opposing Counsel’s Sneaky Tactic into a Winning Defense When defending a first-party property insurance hurricane claim, ensuring that the plaintiff’s counsel complies with the insurance policy’s supplemental claim provision is critical. Many policies require that the Insured provide a supplemental claim prior to filing suit when the cause of loss is due to a hurricane. The supplemental claim is almost always a repair and/or replacement estimate provided by a public adjuster on behalf of the plaintiff. […]

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Congratulations to WLSC Attorneys Ingrid P. Benson-Villegas and Sara Sandler Cromer on being selected as Super Lawyers Rising Stars by Thomson Reuters as top-rated Insurance Coverage Attorneys!

June 11, 2020 by on Events and Seminars

Ms. Benson-Villegas is an associate attorney in the Miami Office who primarily practices in the area of first-party insurance defense. Ms. Sandler Cromer is a partner in the Fort Lauderdale Office, her practice consists of insurance coverage and appellate matters.

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Top 4 Most Important Estate Planning Documents Needed During Pandemic

June 10, 2020 by on Events and Seminars

With the advent of the current global pandemic and when considering your own health and providing for your family in the future, a Will will ensure your affairs are handled per your request after death. However, have you considered what might happen if you become incapacitated? Given the current global health climate, you should be concerned with having your affairs handled in the event of incapacity. The following estate planning documents are ones that every single adult, no matter your […]

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