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By John Bond Atkinson and Tiffany A. Bustamante EXECUTIVE SUMMARY Lowitz v. S. Ala. Brick Co., No. 1D21-1555, 2022 Fla. App. LEXIS 722 (Dist. Ct. App. Feb. 2, 2022) In a wrongful death case centering around a discovery dispute wherein the defendant sought to discover the mental health records of the decedent, the 1st District […]
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By John Bond Atkinson, Tiffany A. Bustamante, and John P. Robins As you’re aware from our May 17, 2021, update regarding then-recent legislation moving through the Florida Legislature, Florida passed Senate Bill 76, which provided a new comprehensive framework for lawsuits initiated by insureds for residential and commercial property claims believed to be underpaid or […]
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By John Bond Atkinson, Tiffany A. Bustamante, and Lindsey Hess We hope this Client Update finds you in good health and positive spirits. Below are a few recently published opinions related to insurance claims that may be of interest. As always, we will continue to keep you appraised of any new issues emerging in the […]
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By John Bond Atkinson, Tiffany A. Bustamante, and Mike Isalgue EXECUTIVE SUMMARY De L.A. v. Winn-Dixie Stores, Inc., 46 Fla. L. Weekly D1986 (Fla. 3d DCA September 8, 2021) In a slip and fall case, trial court did not err by entering summary judgment in favor of defendant where plaintiff failed to establish that […]
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By John Bond Atkinson and Tiffany A. Bustamante EXECUTIVE SUMMARY LMP Holdings, Inc. v. Scottsdale Insurance Company, Case No. 20-24099 (US District Court, SDFL 2021). In LMP Holdings, Inc., the issue before the court was whether Plaintiff’s notice was “timely” under the policy’s notice provision. The court looked at the case’s specific facts in concluding […]
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By Tiffany A. Bustamante and John P. Robins We hope this Client Update finds you in good health and positive spirits. Below are a few recent decisions regarding assignment of benefits, or “AOB” vendors, we felt may be of interest. As always, we will continue to keep you appraised of any new issues emerging in […]
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Atkinson, P.A. is pleased to announce that partner Tiffany Bustamante has been appointed to serve on the University of Florida Levin College of Law’s Law Alumni Council (LAC). LAC is a support and advisory board for the law school. As a member of the LAC, Ms. Bustamante is committed to supporting the LAC and its […]
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Florida Supreme Court Holds That Insurer Has Standing Through Its Contractual Subrogation Provision to Bring Malpractice Suit Against Legal Counsel Retained to Represent the Insured Under Its Duty to Defend. June 7, 2021 By John Bond Atkinson, Esq.; Tiffany A. Bustamante, Esq.; and Marcos Martinez, J.D. Candidate The Florida Supreme Court ruled on Thursday that […]
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Florida Legislature Passes Major Changes on Homeowners’ Insurance May 17, 2021 By John Bond Atkinson, Tiffany A. Bustamante, and Amanda Forti This update is to advise that Governor DeSantis is presently or soon will be considering two bills that were passed by Florida’s legislature on the last day of the 2021 Legislative Session: Senate Bill 76 (“SB 76”) and […]
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Fourth DCA Affirms Severability Clause in Homeowners’ Policy Does Not Render Vessel-Based Watercraft Exclusion Ambiguous By John Bond Atkinson, Tiffany A. Bustamante, and Amanda Forti We are pleased to announce that the Fourth District Court of Appeal has affirmed Summary Judgment in favor of the insurer in a declaratory action, agreeing that a Watercraft Exclusion […]
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