News Room

News Room

Tort Update

May 1, 2019 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. Executive Summary In Steven Paul Anderson v. Mary Mitchell, 2019 WL 1496258 (Fla. 2nd DCA April 5, 2019), the Second District Court of Appeal […]

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Client Update; Florida Legislature Passes Sweeping Assignment of Benefits Legislation

May 6, 2019 Ladies/Gentlemen: Re: Client Update Florida Legislature Passes Sweeping Assignment of Benefits Legislation Significant changes are about to take place for Florida property insurers after the Florida legislature passed sweeping assignment of benefits (AOB) reform legislation last month. The legislation has passed in both the house and the senate, and Governor DeSantis has […]

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Coverage Update

January 31, 2019 Dear Ladies/Gentlemen: This month we would like to share with you some recent opinions of the Florida District Courts of Appeal which may be of interest to you. Executive Summary In Eckols v. 21st Century Centennial Insurance Company, 2018 WL 6422088 (Fla. 5th DCA Dec. 7, 2018), the Fifth District Court of […]

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Tort Update

January 30, 2019 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. EXECUTIVE SUMMARY In Hayes Robertson Group, Inc. v. Cherry, 43 Fla. L. Weekly D2752 (Fla. 3d DCA Dec. 12, 2018), the Third District Court […]

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Mosley v. Progressive

December 5, 2018 Dear Ladies/Gentlemen: A recent federal order highlights the cautionary tale of the importance of sending excess letters and explicit warnings regarding refusal to execute financial affidavits. On November 25, 2018, United District Court Judge Beth Bloom denied Progressive American Insurance Co.’s (“Progressive”) Motion For Summary Judgment in an action for first and […]

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Florida Mediation Privilege- Maybe Not Absolute!

November 1, 2018 Dear Ladies/Gentlemen: Many times insurance carriers believe that the mediation privilege codified in Section 44.405 of the Florida Statutes applies to all mediation-related communications and such communication may never be disclosed by anyone at any forum for any purpose whatsoever. However, based on recent trial court rulings, that may not be correct. […]

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Opinions of the Florida District Courts of Appeal

Ladies/Gentlemen: Executive Summary In Eckols v. 21st Century Centennial Insurance Company, 2018 WL 6422088 (Fla. 5th DCA Dec. 7, 2018), the Fifth District Court of Appeal reversed summary judgment in favor of an insurer, holding that specifically defined terms in the insurance policy (“owned” in a UM context) were ambiguous. This case is but one […]

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Geico v. Harvey Update

September 25, 2018 Ladies/Gentlemen: Re: Client Update Supreme Court reinstates $9.2 million verdict against GEICO for bad faith On Thursday, September 20, 2018, a sharply divided Florida Supreme Court reinstated a $9.2 jury million bad faith judgment against GEICO, concluding in a 4-3 decision that the national insurer improperly exposed a policyholder to an $8.47 […]

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Tort Update

September 6, 2018 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.                                              […]

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Case Law Update: Kevin Whitney v. Mercury Insurance Company of Florida

February 23, 2018 Dear Ladies/Gentlemen: Atkinson, P.A. is writing today to alert you to a very recent and troubling trial level result from Duval County, Florida. On January 26, 2018, in Kevin Whitney v. Mercury Insurance Company of Florida (Duval County Jan. 26, 2018) a jury awarded an $8 million dollar bad faith verdict against […]

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