Category: legal-alerts

Uncovering Fraud in Workers' Compensation Claims

Posted in Legal Alerts on December 21, 2021

Workers’ compensation fraud remains a serious problem in Florida. When employees wrongly file fraudulent claims, it raises the cost of doing business for employers, who must then pay higher premiums. In turn, this affects employees who may get lower wages. Although state law aims to prevent workers’ compensation fraud and imposes stiff penalties on alleged fraudsters, it is not always a successful deterrent. There are hundreds of investigations each year in Florida, and many of them result in prosecutions. 

Read More

MRI Associates: “a schedule of maximum charges establishes a ceiling but not a floor”

Posted in Legal Alerts on December 9, 2021

This morning, the Florida Supreme Court issued its long-awaited ruling in MRI Associates of Tampa v. State Farm  No. SC18-1390.  On appeal from The Second District Court of Appeal, the Court accepted jurisdiction in this matter to determine whether State Farm’s policy of insurance properly elected of the schedule of maximum charges. The Court agreed with the Second, finding the PIP policy permitted the insurer to utilize the schedule of maximum charges even though the policy refers to other statutory factors used to determine reasonableness.

Read More

Insurance Claims for Mass Shooting Events

Posted in Legal Alerts on December 9, 2021

While there is no universal definition of what constitutes a mass shooting, after the Sandy Hook Elementary School murders, Congress defined “mass killings” as those involving “three or more killings in a single incident.” The FBI uses the term “mass murder” and defines it as an event where four or more individuals are killed in a single incident, but the FBI does not have a formal definition for mass shooting. The terminology and definitions matter because they can affect the type of insurance coverage that applies, as well as trigger exclusions.

Read More

Liability Issues When Insuring Commercial Drones

Posted in Legal Alerts on November 8, 2021

Commercial drones, or unmanned aircraft vehicles (UAVs), have already shown the ability to increase business efficiency and make various practices – including safety analysis – more cost-effective. As the benefits of drone use in business continue to be revealed and the associated technology continues to improve, more commercial drones are being put into use every week. In fact, an average of 1,000 commercial drones are registered with the Federal Aviation Administration every week. As with any emerging technology, drone usage comes with risks and associated potential liability. As the industry continues to experience increased regulation, the potential for expensive liability claims is correspondingly increasing. Below we explore the liability issues when insuring commercial drones.  

Read More

Why Jurors May Be Biased Against the Trucking Industry

Posted in Legal Alerts on October 26, 2021

It is not uncommon for jurors to have specific biases against certain industries. A person does not necessarily put aside their personal beliefs when chosen to serve on a jury. Researchers and legal experts have found that jurors can hold negative attitudes towards corporate America, specifically the trucking industry, when serving in a courtroom. This negativity can be manipulated by attorneys to steer jurors towards “nuclear” judgments against trucking companies resulting in potential bankruptcy and/or shutting down those companies. Defense attorneys need to be aware of and know how to deal with potentially biased juries, as many jurors admit to having a built-in bias against truckers. Where does this bias originate and why are these views so common amongst jurors? The following details why jurors may be biased against the trucking industry.        

Read More