INSURANCE CLAIM DELAY : YOUR BEST DEFENSE IS A GOOD OFFENSE!

At the Law Offices of Sperry, Shapiro & Kashi, P.A., we see many cases in which insurance companies do not handle claims as promptly as they should. This is known as “claim delay.” A famous football coach once said, “The best defense is a good offense.” Today, many insurance companies are taking this advice by trying to “turn the … Click To Read Full Case Law Review...

INSURANCE LAW : AUTOMOBILE MEDICAL EXPENSE COVERAGE ; SUMMARY JUDGMENT

State Farm Mutual Automobile Insurance Co. v. Mashburn, ___ So. 3d ___, 34 Fla. L. Weekly D1320 (Fla. 1st DCA 6/30/09)

Mashburn and Palacios lived together but were unmarried.  Palacios bought a car for Mashburn and insured it with State Farm, but Palacios owned the car and was the only named insured.  The policy provided medical expense coverage … Click To Read Full Case Law Review...

REAL ESTATE COMMISSIONS

Boone v. Pelican Real Estate and Development Co., ___ So. 3d ___, 34 Fla. L. Weekly D1324 (Fla. 1st DCA 6/30/09)

Before Boone obtained his real estate license, he would receive a 25% referral fee when he referred buyers of condominium units.  Because of delays in construction, the contracts for some of the buyers who Boone referred had … Click To Read Full Case Law Review...

VOLUNTARY DISMISSAL: TWO DISMISSAL RULE

Mieses v. Applebee’s, ___ So. 3d ___, 34 Fla. L. Weekly D1325 (Fla. 1st DCA 9/18/03)

The claimant filed one piece of paper that dismissed three petitions for worker’s compensation benefits. This filing was treated by the appellate court as three dismissals rather than one for the purpose of applying the “two-dismissal” rule.… Click To Read Full Case Law Review...

IME, EXPERT TESTIMONY, OFFER OF JUDGMENT

Allstate Property & Casualty Insurance Co. v. Lewis, ___ So. 3d ___, 34 Fla. L. Weekly D1326 (Fla. 1st DCA 6/30/09)

The trial court erred in granting the plaintiff’s motion for new trial in an uninsured motorist case on the ground that the defense doctor’s testimony varied from his written report.  According to the appellate court, there was … Click To Read Full Case Law Review...