Whether you are general counsel, vice president of claims, the claims manager of your particular organization, or in charge of overseeing your business’ legal operations, one of your main responsibilities is likely the selection and ongoing evaluation of your defense counsel.  Some of the factors universally considered when making this assessment are the general knowledge, experience and competence of the attorney/firm, the hourly rate being charged, and the coverage area(s) they can assist you with.  However, far too often that […]

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 […]

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 […]

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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