News & Events

Workers’ compensation insurance providers are not powerless when they have to pay out claims where a third party was responsible for the injury. In these situations, the insurance provider has the right of subrogation, where it can recover what it paid for the claim from the responsible party. Subrogation can occur when someone outside the employment relationship caused the injury.

Esther Ruderman, a workers’ compensation partner in our West Palm Beach Office, and Diane Tutt, an appellate partner in our Hollywood Office, were successful in a significant workers’ compensation case involving a teacher whose leg fell asleep while sitting on a chair in the classroom, causing him to fall when he got up, sustaining injury.

Cristobal Casal, managing partner, and Elliott Tubbs,  an associate, in the firm’s Fort Myers office, obtained a defense verdict in a first party property case tried over 3 days in Lee County, Florida.  Plaintiffs were the insured homeowners who claimed that their home's shingle roof and a significant amount of the interior of the home was damaged as a result of Hurricane Irma, and that the insurance carrier breached the subject policy of insurance by denying the claim.  The jury found that the Plaintiffs had not met their burden of proving that the home was damaged by Hurricane Irma.

Cris Casal, managing partner in the Fort Myers office obtained a defense verdict on behalf of First Protective Insurance Company in a three-day jury trial in Lee County, Florida.  The Court previously granted Frontline’s partial summary judgment finding Plaintiffs breached the policy of insurance by their failure to promptly report the claim.  

The legal landscape in which insurance companies operate is constantly in flux, especially when technology is involved. There are core legal obligations that require insurance companies to play defense when dealing with cybersecurity issues; however, an insurance company can get ahead of these issues by being proactive. At a minimum, carriers must follow data security safeguard laws.