News & Events

The fact that employees are not physically at their work site does not mean that the potential for workers’ compensation claims is eliminated. In some ways, there is even more of a risk that an employee may be injured because the company cannot supervise how they do their work to the same extent they would if they were on a work site. Even with detailed instructions about work safety, employees may still put themselves at risk for injury. Thanks to the rise in remote work, there may be more complex issues surrounding workers' compensation claims now compared to when most employees did their work at a work site.

Jesse C. Dyer and Noelia C. Vaccaro recently prevailed on a motion for final summary judgment in a homeowner’s insurance case in Miami-Dade County, in which the Plaintiff alleged that the insurer materially breached the insurance policy by failing to make payment for mold testing. The Court agreed that the insurance policy only provided coverage for mold testing to the extent there was reason to believe mold was present, and Plaintiff’s affidavits failed to create a genuine issue of material fact because they were conclusory in nature.

Michael J. Bonfanti recently prevailed on a motion for summary judgment in a late reported Hurricane Irma claim in Indian River County, where he argued the Plaintiffs materially breached the contract for insurance by failing to timely report the underlying loss, and submit a timely Sworn Statement in Proof of Loss to the insurance company that significantly prejudiced the carrier’s ability to make a reasonably informed coverage determination.

Stephanie A. Robinson, a workers’ compensation partner in the firm’s Hollywood office, will present “Fee FUNdamentals,” at the 2023 Broward County Bar Association's Workers' Compensation Conference on February 24, 2023.