News Room

News Room

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 […]

Read More »

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. […]

Read More »

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 […]

Read More »

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 […]

Read More »

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.                                              […]

Read More »

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 […]

Read More »

Case Law Update

December 7, 2017 Dear Ladies/Gentlemen: Atkinson, P.A. is writing today to alert you to a very recent case decided by Florida’s 5th District Court of Appeal, which may impact your claims handling practices in the State of Florida. On December 1, 2017, the 5th DCA decided Security First Insurance Co. v. Florida Office of Insurance […]

Read More »

Tort Update

December 5, 2017 Dear Ladies/Gentlemen: The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions concerning premises liability that may be of interest to you. EXECUTIVE SUMMARY In Worley v. Central Florida Young Men’s Christian Ass’n, 42 Fla. L. Weekly S443 (Fla. April 13, 2017)[1], the Supreme Court held that […]

Read More »

Atkinson Attorneys at Law Philanthopy Project

Atkinson Attorneys at Law is a proud sponsor of the Susan G. Atkinson Fund for Cancer Research and Education ( SGA Fund) . The SGA Fund’s mission is to provide a means to expand research and education to eliminate all cancers. Focusing on the discovery of innovative techniques and technologies for the prevention, education and eradication […]

Read More »

Coverage Case Update

Dear Ladies/Gentlemen: This month we would like to share with you some recent coverage opinions of the Florida District Court of Appeals which may be of interest to you. In Heritage Property and Casualty Insurance Co. v. Romanach, the Third District Court of Appeals found that the insurer properly sought declaratory relief to determine whether […]

Read More »