Fraud, Concealment, and Material Misrepresentation are well known and often-pled defenses in the Insurance industry. So much so, that many adjusters overlook the practical application of the defenses within the litigation setting. In this article, I will briefly review the basis of the defenses and more practically, the timing of their application. That is to say, “When does each defense apply and how quickly can I get my case dismissed?” The answer is not always the same as it is […]

John P. Joy John P. “Jack” Joy, Esq. is a Senior Partner at WLSC who works out of the firm’s offices in Fort Lauderdale and Gainesville, as his practice extends throughout the state of Florida. Mr. Joy has been with the Firm since graduating from law school. Originally from New York, Mr. Joy is a “double Gator” having attended the University of Florida for both his undergraduate degree and for law school. After surviving a four-hour interview with one of […]

Walton Lantaff Schroeder & Carson invites you to attend a free CEU course:“How to Successfully Combat Premature Bad Faith Litigation (Webinar)” Date: Wednesday, September 16, 2020Time: 1:00 p.m. EDTDuration: 1 hour (approx.) REGISTER HERE: https://bit.ly/32Qkx0i Provider #1256 (Walton Lantaff)Course ID #1129382Course Offering: #114304Continuing Education: 1 CEUCA Description: CE 3-24A – Adjuster Law and Policy.Level – Intermediate Course DescriptionThis webinar will focus on providing an explanation of what conduct is considered bad faith in the insurance context, updates in case law […]

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 […]

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: https://bit.ly/jose-ian-0814 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 […]

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 […]

To register click below:https://us02web.zoom.us/webinar/register/WN_d0mgTuAGShC30NtbuGdK0g

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 […]