August 11, 2021 | Legal Alerts, Newsletters - 2021

Summer e-Newsletter 2021

We are pleased to announce that our 2021 Summer e-Newsletter has been published. Please take a few minutes to read it as it contains information on new case law updates, including topics on liability, workers’ compensation, first party property and coverage, trucking, medical malpractice, and many more. The e-Newsletter also includes firm successes secured by Conroy Simberg, additional news and notes, and firm announcements.

August 10, 2021 | Verdicts and Settlements

Orlando Attorneys Obtain Favorable Verdict in Orange County

Rod Lundy, a partner, and Tylar Heintz, an associate, both of our Orlando office, obtained a favorable verdict in Orange County, Florida before Judge Denise Beamer. Plaintiff was a pedestrian in the crosswalk when contacted by the collapsible mirror of defendant's vehicle which was making a left across plaintiff's path of travel. The incident was captured on a traffic video camera. Defendant admitted liability but argued comparative fault, causation, and damages.

August 10, 2021 | Legal Alerts

How Senate Bill 76 Protects the Insurance Industry from Excessive Awards

The Florida property insurance market is teetering on the edge of collapse just as the state is starting to recover from the COVID-19 pandemic. After years of increased litigation and fraudulent claims, the majority of insurance companies in the state have had to raise their rates to consumers, tighten up their underwriting guidelines, deny coverage for new applicants, and stop renewal of non-profitable businesses just to stay afloat. There has been an increase in consumers and businesses seeking the state’s property insurance, Citizens, as its rates have only increased slightly as a result of statutory requirements. Even without a major storm in 2020, insurers lost $1.5 billion from water damage and roof fraud as well as costly litigation awards. Insurance companies are now feeling hopeful as Bill 76, recently passed by the Florida Legislature on April 30, 2021, was signed by Governor Ron DeSantis.

July 28, 2021 | Legal Alerts

Exceptions to Florida Workers’ Compensation Immunity

Workplace accidents can result in serious injuries or death. Workers’ compensation insurance is required by Florida law for all employers who have four or more employees working for their company. Construction companies in Florida are required to provide this insurance for every employee, no matter how many employees are currently employed. This coverage is designed to provide financial compensation that covers injuries suffered by an employee while on the job. The compensation may cover medical costs, lost wages, other recovery-related costs, as well as funeral and burial costs in the tragic event of an employee's death at work. Employers who abide by state law and acquire either private or state workers’ compensation insurance, or self-insure, are given strong protection against their employees suing them and the company itself having to cover expenses from workplace injuries. This immunity to civil lawsuits has incredibly few exceptions, but when met, those exceptions can disrupt the course of business and cause serious harm to the company. 

July 28, 2021 | Verdicts and Settlements

Defense Verdict Obtained in First Party Property Case

Cristobal Casal, managing partner, and Elliott Tubbs, an associate, in the firm’s Fort Myers office, obtained a defense verdict in a first party property case tried over 2 days in Lee County, Florida.  Plaintiff was a water mitigation contractor and claimed that the home was damaged as a result of Hurricane Irma and that the insurance carrier breached the subject policy of insurance by denying the claim.  The jury found that the Plaintiff had not met their burden of proving that the home was damaged within the policy period.