News & Events

On April 29, 2021, The Florida Supreme Court issued its long-awaited opinion on how the new summary judgment standard it promulgated on December 31, 2020 will be applied after its effective date of May 1, 2021. This standard is not “new” but rather it is patterned after the federal summary judgment standard. The Supreme Court has made it clear that, as a result, federal case law interpreting Federal Rule 56 will be persuasive in state courts. 

On April 28, 2021, Florida’s Third District Court of Appeal issued its opinion in Priority Medical Center, LLC. a/a/o Susan Boggiardino v. Allstate No. 3D20-291. In Priority, the Court addressed whether the non-facility participating price or the non-facility limiting charge was the applicable fee schedule for Medicare Part B for 2007, for purposes for PIP reimbursement under the Schedule of Maximum Charges. The Court held the higher 2007 non-facility limiting charge was the proper reimbursement rate, affirming the lower court’s decision.

Historically, nationwide insurance coverage issues that significantly affect the economy do not get resolved quickly. For those who lived through the long-term and complex insurance coverage issues surrounding asbestos liability and environmental liability, it comes as no surprise that COVID-19 insurance coverage litigation is far from being over.

For years, carriers have routinely denied “penalties, interest, attorney’s fees and costs” when responding to Petitions for Benefits.  However, carriers must beware of denying “costs” as this simple act may result in exposure to thousands of dollars in attorney’s fees. 

Through our wide range of representing employers we have the experience of dealing with all members of the construction industry.  Oftentimes a subcontractor’s employee is injured on a job and is shocked to find out that their employer did not have proper workers' compensation coverage, either by mistake or intentionally.