April 26, 2023 | Legal Alerts

Fourth District Court of Appeal Issues Important Ruling on Determining the Proper Medicare Fee Schedule for Purpose of PIP Reimbursement, Receding from Its Prior Ruling and in Conflict with the Third District

On April 26, 2023, the Fourth District Court of Appeal addressed the ever expanding litigation over the proper Medicare Fee Schedule, overturning a trial court’s ruling that insurers must pay the higher 2007 Non-Facility Limiting Charge, and holding the proper reimbursement rate was the lower 2007 non-facility participating price, in Progressive Select Insurance Company v. In House Diagnostic Services, Inc., a/a/o Darryl Frazier, No. 4D21-2581. In doing so, the entire Court, not just a three-judge panel, officially receded from its own prior precedent.

April 14, 2023 | Verdicts and Settlements

Summary Judgment Secured in Homeowner’s Insurance Case

Jesse C. Dyer and Augusto M. Vaccaro recently prevailed on a motion for final summary judgment in a homeowner’s insurance case in Miami-Dade County, in which the Plaintiffs alleged that the insurer materially breached the insurance policy by failing to make payment for property damage resulting from a plumbing failure. The Court agreed with the insurer that a $10,000 sublimit applied to the entirety of Plaintiffs’ insurance claim and that coverage under the sublimit had been exhausted. Plaintiffs contended that the $10,000 sublimit did not apply because the plumbing failure resulted in mold, but the Court rejected this argument both because there was not any timely, competent evidence supporting it and Plaintiffs’ mold theory was not alleged in the Complaint.

April 12, 2023 | Verdicts and Settlements

Summary Judgment Secured in a Trip and Fall Case

Attorney Tylar Heintz of our Orlando office won a summary judgment for a residential homeowner in a trip and fall sidewalk case in Orange County, Florida.  Plaintiff alleged he tripped due to underground tree roots buckling the concrete sidewalk adjacent to the homeowners’ residence. Plaintiff brought suit against the homeowners, the HOA, the management company and Orange County. Based on case law presented from the 1st, 3rd, and 4th DCAs, the Court agreed with Mr. Heintz’s argument that a property owner has no duty to maintain or repair a public sidewalk, and therefore granted final summary judgment in favor of the Defendant homeowners.

March 24, 2023 | Legal Alerts

Florida Tort Reform

The Governor has now signed the new Tort Reform Act into law effective today, March 24, 2023. The law significantly changes personal injury, wrongful death, attorneys’ fee claims in personal injury protection and first party property insurance claims, as well as insurer bad faith cases in this state. The key points of the bill as signed by Governor DeSantis, are as follows: