July 10, 2024 | Verdicts and Settlements

Tallahassee Attorneys Achieve Defense Verdict in First Property Case Involving a Roof Leak

Michael Bonfanti, partner, and Nicholas Monk, associate from the Tallahassee office recently obtained a defense verdict on behalf of Citizens Property Insurance Corporation. This case was a total denial of claimed roof damage and interior damage resulting from the entry of water through a peril created opening. The lawsuit was the culmination of nearly two years of litigation. On behalf of Citizens, evidence was presented through expert testimony to support the affirmative defenses of wear and tear, no peril created opening and faulty design and construction of the roof. Through diligent research, a composite of aerial photographs of the insured property were obtained which demonstrated the years long issue with the roof. This composite included clear images of a tarp being used directly over the area of water intrusion prior to the Plaintiffs purchasing the home, and subsequent use of the tarp shortly after purchase. The jury deliberated for under two hours and found that Citizens had demonstrated sufficient evidence to support the affirmative defenses and awarded no damages as a result. Citizens will now seek to collect attorney’s fees and costs from a rejected Proposal for Settlement that was served a year prior to the trial. 

June 23, 2024 | Announcements

Conroy Simberg Attorneys Recognized as 2024 Florida Super Lawyers and Rising Stars

Conroy Simberg is pleased to announce Hinda Klein, a partner in Hollywood and chair of the firm’s appellate practice group, and Jayne Pittman, managing partner in Orlando and chair of the firm's construction practice were selected to the 2024 Florida Super Lawyers list.

Additionally, the following attorneys were selected as 2024 Florida Rising Stars:

June 13, 2024 | Announcements

Matthew Troy to Speak on Deposition Techniques at Florida Bar Workers’ Compensation Webinar

Matthew J. Troy, a partner in Conroy Simberg’s Orlando office, will be a co-presenter on a webinar presented by The Florida Bar Continuing Legal Education Committee and the Workers’ Compensation Section on July 10, 2024. Titled “The Art of the Deposition, Perspectives from Both Sides,” the webinar will cover the preparation, taking, and defending of depositions in workers' compensation cases, as well as how to prepare depositions for use at final hearing.

May 14, 2024 | Legal Alerts

Review of Privileged Materials at Deposition

Please take note that the Third District recently issued an opinion that may impact how you defend corporate representative depositions in first-party property cases. In the past some of us may have asserted that documents within the claims file are privileged, while at the same time allowing our corporate representative to review those same documents during the deposition to refresh his/her recollection pursuant to a protective order.   

April 29, 2024 | Legal Alerts

Florida Supreme Court Rules on Billed Amount

On April 25, 2024, the Florida Supreme Court issued its decision in Allstate Insurance Company, et. al, v. Revival Chiropractic, LLC, SC2022-0735.    More than a year after oral argument, the Court finally and definitively ruled on “Billed Amount” concluding “…the provisions of both the statute and the policy support Allstate’s payment of 80% of the amount of the charges submitted.”  Id.  Although Revival made its way to the Florida Supreme Court by way of certified question posed by the United States Court of Appeal for the Eleventh Circuit, the Billed Amount issue has pervaded Florida state courts and PIP suits for well over half a decade.  As expressed by the Court, “the question for decision is whether the insurer here may pay 80% of a charge submitted by a provider even when that reimbursement amount is less than the amount that would be reimbursable under the limitations of the statutory schedule of maximum charges.”  In no uncertain terms, the Court found the Allstate policy expressly authorized such a payment and nothing in the PIP statute prevented payment in accordance with Allstate’s policy.