News & Events

Joshua C. Canton, managing partner of the firm's Thomasville, Georgia office, and Justin B. Hales, an associate in the firm’s Thomasville, Georgia office obtained a defense verdict in an admitted liability case involving a semi-tractor in Spalding County, Georgia following a three day jury trial. Plaintiff claimed that the crash lead to his need for a reconstruction of his mandible and asked for $1.8 million at trial. Defendant argued that Plaintiff's mandible reconstruction was caused by a preexisting condition and that Plaintiff was not injured in the crash. The jury came back with a defense verdict in 2 hours.

Subrogation allows an insurer to step into the shoes of the policyholder and file a claim against a third party who caused the damage. The theory behind a subrogation clause is that the insurance company should not have to bear the loss when someone else was to blame for the damages. Once the insurance company has paid the claim to the policyholder, it may look to see whether it can take legal action against another party to recover its losses. These claims are an important tool for an insurance company to help minimize its own losses and manage its risk.

Florida law imposes strict timelines on insurance companies to accept or deny workers’ compensation claims after they are reported. Insurance companies must accept or deny compensability within 14 days after an accident is reported or a Petition for Benefits is filed. Even though this is a heavy burden on an insurance company, there are valid policy reasons why the law requires a quick and timely decision.  An issue arises when the carriers don’t have enough information to make a decision within 14 days.