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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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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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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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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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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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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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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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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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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 […]
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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 […]
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