On March 3, 2021, the Fourth District Court of Appeal withdrew its prior opinion and issued a new opinion affirming the trial court’s dismissal with prejudice of the insured’s statutory bad faith suit due to the insured’s defective pre-suit Civil Remedy Notice (“CRN”). In Julien v. United Property & Casualty Insurance Company, No. 4D19-2763 (Fla. […]
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Review of Civil Filings for Confidential Information by Clerks Ending July
On January 21, 2021, The Supreme Court of Florida amended Rule of Judicial Administration 2.420, which governs access to court records. The amendment ends the independent duty of clerks to review civil and small claims filings in order to identify and remove sensitive personal information that is protected under the rule. Originally adopted in 2010, […]
Insurance Defense 101: Top Things You Need to Know
What Is an Insurance Defense Attorney? Insurance law includes a wide variety of issues relating to insurance policies. In general, an insurance defense attorney deals with three main categories as related to insurance: determining when insurance companies must pay claims, ensuring policyholders are protected when sued and consulting with insurance companies to confirm that they […]
Premises Liability Claims: What Are They?
Property owners are responsible for maintaining a relatively safe environment so that individuals who come onto the property don’t suffer any injuries. This responsibility, also known as premises liability, holds property owners and/or residents liable for any accidents and injuries that occur on their property. It’s important to note that while you may be injured […]
What Is Litigation? Everything You Need to Know
Litigation is initiated between two opposing parties looking to enforce or defend a legal right. Typically, matters are settled by an agreement between the parties but may also move to a court to be heard and decided by a jury and/or judge. Here is everything you need to know to better understand the full process of […]
Mediation vs. Arbitration: Know the Difference
Want to learn about the main differences between mediation and arbitration? We’ve got you covered!
Motor Vehicle Fatality Rates Increasing during Pandemic
You have probably noticed less vehicle traffic but more pedestrians and bicyclists on our roads while making your essentials-only trip to the local store over the last several months. When states implemented stay-at-home orders throughout the nation due to COVID-19, motor vehicle traffic dramatically reduced on our nation’s roadways. By mid-April, vehicle traffic was down […]
Alternatives to Jury Trials in Florida During the Covid-19 Pandemic
As a result of the Coronavirus Disease 2019 (COVID-19) pandemic on March 1, 2020, the Florida State Surgeon General and State Health Officer declared that a public health emergency exists in Florida. On March 9, 2020, the Governor of the State of Florida declared a state of emergency for the entire state. On March 13, […]
DEMOCRACY, JURY TRIALS AND BUSINESS
On July 10, 2020, the President of the United States commuted the criminal sentence of a convicted felon, days before he was scheduled to begin a period of incarceration. In a recent post on LinkedIn, I cautioned others on the effect this commutation would have on our Democracy. While most supported my comment, others respectfully […]
Shatterproof? Chipping Away at Florida Glass Claims
Fla. Stat. §627.7288 requires auto insurers to repair or replace damaged windshields without applying a deductible allowing insured drivers with comprehensive coverage to repair or replace their windshield without any out of pocket cost. The Florida legislature has not created a statutory scheme for processing glass claims, unlike Uninsured/Underinsured Motorist Coverage and Personal Injury Protection […]
