News Room

News Room

Florida Supreme Court Case Update – Auto Coverage

July 17, 2017 Dear Ladies/Gentlemen: Atkinson, P.A. is writing today to alert you to a very recent case decided by Florida’s Supreme Court, which may impact your claims handling practices in the State of Florida.  On July 13, 2017, the Florida Supreme Court decided Government Employees Insurance Company v. Macedo, finding that the carrier owed […]

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Case Update

June 2, 2017 Dear Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeals which may be of interest to you. In Delores ARP v. Waterway East Association Inc., the Fourth District Court of Appeal found that a commercial land owner did not breach any […]

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SPECIAL BAD FAITH UPDATE

August 21, 2015 SPECIAL BAD FAITH UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of an important recent decision by the Eleventh Circuit United States Court of Appeals which vacated a final judgment finding that the United States District Court for the Southern District of Florida erred as a matter of law […]

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Prejudice Is Measured By Whether Insurer Was Denied Opportunity To Evaluate Breach Of Insured * Partial Final Judgment In Dec Action Determining Duty To Defend But Not Indemnify Not Appealable Non-Final Order * Modification Of Policy Coverage By Wife Of Named Insured May Be Binding If Deemed To Be Agent Of Insured

August 19, 2015 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida District Courts of Appeal have recently issued several opinions concerning coverage that may be of interest to you. EXECUTIVE SUMMARY In Depositors Insurance Company v. CC &C of Lake Mary, LLC, the Fifth District Court of Appeal reversed a summary judgment order in […]

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Tort Update

June 17, 2015 Dear Ladies and Gentlemen: We would like to share with you some recent opinions from the Florida District Courts of Appeal and the Florida Supreme Court that may be of interest to you. In Miley v. Nash[1], the Second District Court of Appeals found that a proposal for settlement was not invalid […]

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Parents Not Liable For Acts Of Mentally Ill Adult * Post Verdict Juror Interview Where Concealment Is Alleged * Denial of Auto Theft Claim Where Insured Paid Lienholder May Allow For Recovery of Attorney Fees * Where Vehicle Is Consigned – Defendant Liability May Not Be Limited

October 20, 2014 Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Knight et. al. v. Merhige et. al., the Fourth District Court of Appeals held that the Defendants owed no legal duty […]

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Insurer Exposure to Bad Faith Potentially Extended as Liability for Breach of Contract is No Longer Required

September 25, 2014  CASE LAW UPDATE  Dear Ladies and Gentlemen: This correspondence is to advise you of a recent and extremely important bad faith decision from the Fourth District Court of Appeal which potentially extends insurance companies’ exposure to bad faith claims.  In Cammarata v. State Farm Florida Ins. Co., 2014 WL 4327948 (September 3, […]

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Medicare Services and Collateral Source Rule * Property Liability – Ownership vs. Possession * Negligent Security – Admission of Similar Incidents * Irreparable Harm – Pre-Accident Medical Records

June 10, 2014 TORT CASE LAW UPDATE Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In State Farm Mutual Automobile Insurance Company v. John Joerg, the Second District Court of Appeals held that […]

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Medical Malpractice Statutory Cap on Non-Economic Damages Unconstitutional * Irreparable Harm to Force Insurer to Defend Without Resolution of Coverage Dispute * Personal Representative of Estate Bound by Policy Holder Waiver of UM/UIM * Willful Tort Exception to 627.361 Does Not Extend to Failure to Act in Good Faith to Settle Claim

March 18, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court recently issued a decision that holds that medical malpractice statutory caps on wrongful death noneconomic damages provided in Florida Statute section 766.118 is unconstitutional as it is in violation of the Equal Protection Clause of the Florida Constitution.  Additionally, the Florida […]

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* SPECIAL UPDATE * Combating Third Party Bad Faith Actions With Affirmative Defense of “Bad Faith Set Up”

February 3, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of a recent Pennsylvania Federal Court’s ruling allowing an insurer to plead “bad faith setup” as an affirmative defense in a bad faith cause of action.  Shannon v. New York Central Mutual Insurance Company, No. 3:13-CV-01432 (M.D. P.a. May […]

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