Insight and perspective on recent legal trends impacting the insurance industry regarding tortious acts…

Insurance Defense Law Blog

Torts

Payment of “Improper” Claims Does Not Overcome Exhaustion of Benefits
Gables Insurance Recovery, Inc., a/a/o Zucely Garcia v. Infinity Indemnity Insurance Company
Case No. 2020-015350-SP-26 (Miami-Dade Cty. Ct., Oct. 4, 2024)
Posted by Arielle Heinke, Esq. – December 17, 2024

97039: Aqua Therapy is Not Payable Under Medicare
Allstate Indemnity Co. v. Gady Abramson, D.C., P.A., No. 3D23-0797 (Fla. 3d DCA Dec. 4, 2024)
Posted by Arielle Heinke, Esq. and Connor Bishop, J.D. – December 10, 2024

Cast Iron Pipes & Expert Testimony
Citizens Prop. Ins. Corp. v. Arias, (No. 3D23-0895 (Fla. 3d DCA Dec. 4, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – December 6, 2024

RE: 97039 favorable 3rd DCA – Hydrotherapy
Allstate Indemnity Company, Appellant, vs. Gady Abramson, D.C., P.A., No. 3D23-0797 Lower Tribunal No. 20-9874 SP
Posted by Scott W. Dutton – December 5, 2024

Protect your Attorney’s Fees: 4th DCA Finds Waiver for Failing to Object to Judgment Deficiencies
Jones v. Bank of America, No. 4D2023-2648 (Fla. 4th DCA Nov. 20, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – November 27, 2024

Don’t Delay, it Could Ruin Your Settlement
Lorenzo v. Homeowners Choice Prop. & Cas. Ins. Co., 49 Fla. L. Weekly D2185a (Fla. 3d DCA Oct. 30, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – November 05, 2024

Cooperating with Preferred Contractor Provisions: Substantial Compliance & Prejudice
People’s Trust Ins. Co. v. Hernandez, (No. 3D23-0972 (Fla. 3d DCA Oct. 16, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – October 17, 2024

The Only Constant is Change
Emergency Rule 69BER24-4
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – October 16, 2024

The AOB Fight Continues: The 1st DCA Criticizes Kidwell
Williams v. United Servs. Auto. Ass’n, (Fla. 1st DCA Oct. 2, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – October 3, 2024

Coverage Defenses, Policy Defenses, & Coblentz Agreements: The Policy Controls Coverage
Fojon v. Axendant Comm. Ins. Co., Case No. 3D23-1400 (Fla. 3d DCA Aug. 28, 2024)
Posted by Christina Saad, Esq. and Connor Bishop, J.D. – September 26, 2024

Be Sure to “Appraise” Your Claim Handling Process Before You Object
Gene Lawson and Nita Lawson v. Certain Underwriters at Lloyd’s, London, Subscribing to Policy No. B050719MKSC000018-00, Case No. 4D2023-2474 (Fla. 4th DCA August 21, 2024)
Posted by Richard R. Phelps, Esq. and Madison Reece, J.D. – September 25, 2024

Do You Have a Dog in the Fight? Insureds Do Not Have Standing When They Transfer Their Property to Avoid Foreclosure
Universal Prop. & Cas. Ins. Co. v. Cortez, 4D2023-0676 (Fla. 4th DCA Aug. 21, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 12, 2024

A Refresher on Waiver: Make Objections to Appraiser Qualifications Early
Biscayne Beach Club Condo. Ass’n, Inc. v. Westchester Surplus Lines Ins. Co., Case No. 23-10467, 2024 U.S. App. LEXIS 19663 (11th Cir. Aug. 6, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 20, 2024

Deductible Election Forms are Not Required!
USAA Cas. Ins. Co. v. Emergency Physicians, Inc., 49 Fla. L. Weekly D1589a (Fla. 5th DCA July 26, 2024)
Posted by Arielle Heinke, Esq. and Connor Bishop, J.D. – July 31, 2024

Another Nail in the BA Argument’s Coffin: The Fifth DCA Applies Revival Chiropractic Auto Club Ins. Co. v. Express Care of Belleview, LLC & First Acceptance Ins. Co. v. Belleview Imaging Ctr., LLC
Posted by Arielle Heinke, Esq. and Connor Bishop, J.D. – July 19, 2024

Be Specific! CRN Responses Must Specifically Address Deficiencies
Bailey v. People’s Trust Ins. Co., Case No. 50-2021-CA-011438, 2024 Fla. App. LEXIS 4845 (Fla. 4th DCA June 20, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – June 26, 2024

Be Careful What You Look At: Waiver of Privilege Under Refresh Recollection Rule at Depositions
Hamilton v. Citizens Prop. Ins. Corp., No. 3D23-1934 (Fla. 3d DCA May 1, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – May 6, 2024

The Florida Supreme Court Rejects “Billed Amount” Argument that Ignores the Heart of PIP’s Coverage Requirement
Allstate Ins. Co. v. Revival Chiropractic, LLC, 49 Fla. L. Weekly S113a (Fla. April 25, 2024)
Posted by Arielle Heinke and Connor Bishop – April 30, 2024

Hearsay and Multiple Claims: The Third DCA Discusses The Business Record and Admissions Exceptions
Universal Prop. & Cas. Ins. Co. v. Nacimiento, No. 3D23-0301 (Fla. 3d DCA April 3, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – April 10, 2024

Sinkholes and Structural Damage: Jury Instructions for the Burden of Proof for All-Risk Policies
Citizens Prop. Ins. Corp. v. Barberan, 49 Fla. L. Weekly D699a (Fla. 2d DCA April 3, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – April 9, 2024

Third DCA Rejects the Sue and Lose Argument: Insurer Can Directly Pursue Breach of Contract Action Against Insured for Violation of Subrogation Clause
Seneca Spec. Ins. Co. v. Jade Beach Condo. Ass’n, No. 3D22-1290 (Fla. 3d DCA April 3, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – April 8, 2024

Juries Calculate Damages, the Court Calculates the Deductible Setoff
Citizens Prop. Ins. Corp. v. Avril, No. 4D2022-0360 (Fla. 4th DCA Mar. 27, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – March 28, 2024

Florida Legislative Tracking Updates 2024
Follow developments on legislation regarding bills that impact insurance claims.
The 2024 Regular Session began on January 9, 2024, and is scheduled to end on March 8, 2024.

Insureds Are Not Rewarded for Rushing to the Courthouse: Attorney’s Fees are Not Recoverable to Compel Appraisal Without a Breakdown in the Claims Process
Valdivieso v. Citizens Prop. Ins. Corp., No. 3D22-2137 (Fla. 3d DCA Mar. 6, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – March 8, 2024

No Trial by Ambush: The Fourth DCA Applies Binger in SPOL Case
Heritage Prop. & Cas. Ins. Co. v. Killmeyer, Case No. 4D2022-1298 (Fla. 4th DCA Feb. 28, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – March 4, 2024

A Reminder About Verdict Forms:
Universal Prop. & Cas. Ins. Co. v. Tsirnikas, Case No. 2D22-3539 (Fla. 2d DCA Feb. 23, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 26, 2024

The Second DCA Rules of The AOB Statute: § 627.7152(2)(a)2. Must Contain a Singular Provision Complying With the Statute
Gale Force Roofing & Restoration, LLC v. Am. Integrity Ins. Co. of Fla., No. 2D22-4104 (Fla. 2d DCA Feb. 16, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 21, 2024

The Third DCA Rules No Prejudgment Interest on Covered Claims
Citizens Prop. Ins. Corp. v. Peipert, No. 3D22-1335 (Fla. 3d DCA Feb. 14, 2024)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 15, 2024

Third Time’s The Charm? The Third DCA Agrees with the Fourth that § 627.70152 Applies Retroactively
Hughes v. Universal Property & Casualty Insurance Company
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 14, 2024

Sixth District Clashes With Cole – Rules § 627.70152’s Pre-Suit Notice Provision Is Substantive and Cannot Be Applied Retroactively
Hughes v. Universal Property & Casualty Insurance Company
Posted by Arielle Heinke – January 30, 2024

Court Orders a Dismissal Under Kozel Factors and Awards Sanctions!
Apex Roofing and Restoration v. American Integrity Insurance Company of Florida
Posted by Christopher Dutton – January 22, 2024

Coming Back for More: The Third DCA Analyzes Supplemental Claims Under § 627.70132
Patios West One Condo. Ass’n, Inc. v. American Coastal Insurance Company
Case No. 3D22-1895 (Fla. 3d DCA Jan. 3, 2024)
Posted by Richard Phelps, Esq. and Connor Bishop, J.D. – January 9, 2024

Third DCA Cannot Make it More Clear: Presumption of Prejudice Arises from Failure to Give Timely Notice
Perez v. Citizens Property Insurance Corporation, 345 So. 3d 893 (Fla. 4th DCA 2022)
Posted by Scott W. Dutton – January 3, 2024

The Florida Supreme Court Pushes to Make Courtrooms More Accessible and Consistent: Amendment to Fla. R. Gen. Prac. & Jud. Admin. 2.215
In re: Amend. Fla. R. Gen Prac. & Jud. Admin. 2.215, No. SC2023-1114 (Fla. Sept. 28, 2023)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – October 6, 2023

Punitive Damages: What They Are, the Trial Court’s Role, and Providing a Strong Defense
Fed. Ins. Co. v. Perlmutter, 48 Fla. L. Weekly D1903a (Fla. 4th DCA Sept. 27, 2023)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – October 5, 2023

Favorable Daubert Opinion on Plaintiff Experts
Citizens Prop. Ins. Corp. v. Vazquez
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 20, 2023

No Fees When Paying in Response to an NOIL
Citizens Prop. Ins. Corp. v. Vazquez
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 24, 2023

Corrosion is An Act of Nature
People’s Trust Ins. Co. v. Banks
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 23, 2023

Opposing OPPS
Progressive Select Ins. Co. v. In House Diagnostic Servs. and Progressive Express Ins. Co. v. SimonMed Imaging
Posted by Arielle Heinke, Esq. – August 21, 2023

Crosswalking in Workers' Compensation
Safeco Insurance Company of Illinois v. MD Now Medical Centers, Inc. d/b/a MD Now Patient a/a/o Shelley Holmstock, 48 Fla. L. Weekly D1522a (Fla. 4th DCA August 2, 2023)
Posted by Arielle Heinke, Esq. – August 10, 2022

AQA Fails to Prove Their Report is a Covered Cost
People’s Trust Insurance Company v. The Kidwell Group, LLC
Posted by Richard R. Phelps and Connor Bishop – June 29, 2023

Another Unfavorable Presuit Demand Opinion
Mercury Indem. Co. of Am. v. Pan Am Diagnostic of Orlando
Posted by Scott W. Dutton – June 19, 2023

Dutton Law Group Prevails on a 57.105 Motion for Sanctions
Florida Statute § 57.105
Posted: May 30, 2023

Sixth DCA Opinion Issued in Favor of Progressive on Limiting Charge
Progressive Express Insurance Company v. Simonmed Imaging, a/a/o Hilleri Brown
Posted by Arielle Heinke – May 17, 2023

Favorable Limiting Charge: Sixth DCA
Progressive Express Insurance Company, Appellant, v. Simonmed Imaging, a/a/o Hilleri Brown, Appellee.
Posted by Scott W. Dutton – May 16, 2023

The Fourth DCA Rejects "Hyper-Technical" Interpretation of 627.7015
Grnja v. People’s Trust Ins. Co., No. 4D22-2383 (Fla. 4th DCA May 10, 2023)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – May 11, 2023

Yes: You Do Need to Give Presuit Notice Under § 627.70152
Cole v. Universal Prop. & Cas. Ins. Co., 48 Fla. L. Weekly D916a (Fla. 4th DCA May 3, 2023)
Posted by Christopher S. Dutton, Esq. and Connor Bishop, J.D. – May 8, 2023

Favorable Exhaustion Case Involving When Payment Is Deemed Complete
Comprehensive Health Ctr._ LLC v. Star Cas. Ins. Co._ 2023 Fla. App. LEXIS 1210n
Posted by Scott W. Dutton – May 5, 2023

“Dirty” Dec Actions Concern “Dollars” not “Doubt”
Dutton Law Group Has Earned a Recent Win Dismissing a Declaratory Action
Posted by Retta Rico – May 4, 2023

Favorable New Notice of Intent Case Out of the 4th: Applicability of 627.70152
Herman Cole, Appellant, v. Universal property & Casualty Insurance Company, Appellee
Posted by Scott W. Dutton – May 3, 2023

Fourth DCA Rules Limiting Charge Is Not Proper Payment in PIP Claims
Progressive Select Insurance Company V. In House Diagnostic Services, Inc., a/a/o Darryl Frazier (“In House Diagnostic”)
Posted by Arielle Heinke – May 1, 2023

Favorable Ruling from 4th DCA: Reversing Course on Katzell!
Progressive Select Insurance Company, Appellant, v. In House Diagnostic Services, Inc., a/a/o Darryl Frazier, Appellee
Posted by Scott W. Dutton – April 26, 2023

The Sixth DCA Adopts the Fifth DCAs Analysis Regarding Security First's LWD Endorsement
Sec. First Ins. Co. v. NicholsCase No. 6D23-548 (Fla. 6th DCA Apr. 21, 2023)
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 21, 2023

Tort Reform Legislation for 2023
Determining Effective Dates for HB 837
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 19, 2023

Tort Reform Legislation for 2023
Negligence Changes: Statute of Limitations, Comparative Fault, and Premises Liability
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 18, 2023

Tort Reform Legislation for 2023
Section 768.0427: Letters of Protection, Overruling Worley, and Calculating Medical Expenses
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 17, 2023

Tort Reform Legislation for 2023
Attorneys’ Fees under HB 837
Posted by Richard R. Phelps and Connor Bishop – March 31, 2023

Fixing the Strike Zone (Part III)
Proposed Tort Reform Legislation for 2023 Series - Adjusting the Civil Remedy Notice Statute Part III
Posted by Richard R. Phelps and Connor Bishop – March 22, 2023

Fixing the Strike Zone (Part II)
Proposed Tort Reform Legislation for 2023 Series - Adjusting the Civil Remedy Notice Statute Part II
Posted by Richard R. Phelps and Connor Bishop – March 21, 2023

Fixing the Strike Zone (Part I)
Proposed Tort Reform Legislation for 2023 Series - Adjusting the Civil Remedy Notice Statute Part I
Posted by Richard R. Phelps and Connor Bishop – March 2, 2023

No Double Dipping: Public Adjusters Cannot Serve as a “Disinterested” Appraiser
Parrish v. State Farm (Fla. Feb 9, 2023)
Posted by Connor Bishop, J.D. – Updated February 10, 2023

Entitlement to Attorney Fees Determined by Whether Suit Acts as a Necessary Catalyst to Resolving a Dispute
Trends in Recent Case Law
Posted by Jonathan Hall – January 13, 2023

Changes to Service of Process Statutes
Procedural Changes for 2023
Posted by Richard R. Phelps and Connor Bishop – January 5, 2023

Jurisdictional Changes for the Trial Courts
Procedural Changes for 2023
Posted by Richard R. Phelps and Connor Bishop – January 4, 2023

Florida Welcomes the Sixth District Court of Appeal
Procedural Changes for 2023
Posted by Richard R. Phelps and Connor Bishop – January 3, 2023

Florida Senate Passes Property Insurance Overhaul
SB-2A, sponsored by Senator Boyd
Posted by Jonathan Hall – December 15, 2022

Fifth District Court of Appeals Strikes Down a CRN for Lack of Specificity
Thomas Demase and Joanne Demase v. State Farm Florida Insurance Company & Junior Julien v. United Property & Casualty Insurance Company
Posted by Jonathan Hall – November 16, 2022

CPT Code 97039: Unfavorable Opinion, From the 4th DCA, but Why?
United Auto Insurance Company v. Lauderhill Medical Center, LLC
Posted by Scott W. Dutton – November 15, 2022

New DCA Rulings Create an Additional Hurdle for Post-loss Misrepresentations
Gracia v. Security First Insurance Company, Case No. 5D21-1456, 2022 Fla. App. LEXIS 6197 (Fla. 5th DCA Sept. 9, 2022)
Posted by Richard R. Phelps and Connor Bishop – November 3, 2022

The Fourth District Court of Appeals Affirms That the Denial of an Insurer’s Claim for Intentional Concealment or Misrepresentation of a Material Fact on an Insurance Application Does Not Require Rescission of the Policy
Benitez v. Universal Property & Casualty Ins. Co., No. 4D21-3281 (Fla. 4th DCA, October 12, 2022)
Posted by Jonathan Hall – October 21, 2022

Pip Provider Confessed Judgment When It Rescinded Euo Requirement Post-suit
Tyler Hilchey v. Progressive Select Insurance Company, 30 Fla. L. Weekly Supp. 244a (Fla. Hills. Cty. Ct. June 30, 2022)
Posted by Arielle Heinke – September 27, 2022

No Priority of Pip Benefits Payments Where Non-emergency and Emergency Providers Submit Bills on Same Day
Progressive Select Insurance Company v. Emergency Physicians, 47 Fla. L. Weekly D1327a (Fla. 5th DCA June 17, 2022)
Posted by Arielle Heinke – September 26, 2022

PIP Dec Action Brought Over Well-Settled Law Is Moot; Plaintiff Takes Nothing and Defendant Entitled to Fees
Larocca Chiropractic Centers, LLC V. State Farm Mutual Automobile Insurance Company, 30 Fla. L. Weekly Supp. 127a (Fla. Hillsborough Cty. Ct. March 16, 2022) (M. Baggé-Hernández)
Posted by Arielle Heinke – September 23, 2022

Air Quality Quacks and Assignments Under § 627.7152: If it looks like a duck, and quacks like a duck, then it is a duck
Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida, a/a/o Robert and Maureen Mucciaccio v. American Integrity Insurance Company, 47 Fla. L. Weekly D1910a (Fla. 2d DCA Sept. 16, 2022) (J. Burns)
Posted by Arielle Heinke – September 22, 2022

No Claims File Privilege in Florida; Corporate Representatives & Desk Adjusters Can Be Deposed Under Rule 1.280(C); Unilaterally Substituting Corporate Representative in Lieu of Fact Witnesses Depositions Is Improper
University Diagnostic Institute Winter Park, PLLC v. Geico Indemnity Company, 30 Fla. L. Weekly Supp. 226a (Fla. 9th Cir. Ct. May 3, 2022) (E. DuBois)
Posted by Arielle Heinke – September 21, 2022

Late Notice Case Law Development: Policy Language Shifts Burden of Establishing Prejudice Onto Insurer
Perez v. Citizens Prop. Ins. Corp., 47 Fla. L. Weekly D1677 (Fla. 4th DCA August 10, 2022)
Posted by Arielle Heinke – September 20, 2022

Pip Providers Not Required to Attach AOB to Complaint Under New Fourth DCA Ruling
Robert J. Hanopole, D.C., P.A. v. State Farm Mut. Auto. Ins. Co., 47 Fla. L. Weekly D1679 (Fla. 4th DCA August 10, 2022)
Posted by Arielle Heinke – September 19, 2022

Providing Proper Affidavits to Support Motions for Summary Judgment
Gromann v. Avatar Prop. & Cas. Ins. Co.
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 6, 2022

Insureds May Choose to Pursue a Declaratory Actions, a Breach of Contract Claim, or Both
Comisar v. Heritage Property & Casualty Insurance Company
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 1, 2022

Contractors Must Comply with Section 627.7152 to have Standing
Mold Buster Detection Servs., LLC a/a/o Solana v. Citizens Prop. Ins. Co
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 31, 2022

Favorable Presuit Demand Opinion
Thompson v. Geico Indem. Co._ 2022 Fla. App. LEXIS 5126
Posted by Scott W. Dutton – August 23, 2022

Limited Water Damage Endorsements and Tear Out Costs
Security First Ins. Co. v. Vazquez
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 19, 2022

Surviving a Motion to Quash Subpoena for Deposition Duces Tecum to Non-Party in Judgment Enforcement Action
Florida Rules of Civil Procedure 1.560, 1.310(b) and Florida Statute 559.72(4)
Posted by Catherine V. Arpen, Esq. – August 15, 2022

Fraud Exception to the Attorney/Client Privilege
Florida Statute § 90.502(2)
Posted by Catherine V. Arpen, Esq.– August 10, 2022

Sanctions: Don’t Forget the Kozel Factors!
1) Felicetti Law Firm, PLLC v. Antonio De Jesus, Trugreen Limited Partnership and Kenneth Michael Taylor
2) James C. Massey and Gina Massey v. Deborah Thomas, Levine-Thomas & Associates, LLC, and Bank of American, N.A
Posted by Catherine V. Arpen, Esq. – August 9, 2022

Florida Trial Courts Start to Recognize Fourth District Kidwell Ruling
The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida a/a/o Ben Kivovitz v. United Property & Casualty Insurance Company
Posted by Christopher S. Dutton, Esq. – August 8, 2022

Viability of Provider’s Claims
United Automobile Insurance Co., Appellant, v. Keith Buchalter, D.C., d/b/a South Broward Chiropratic Center a/a/o Maric Garcia, Appellee
Posted by Scott W. Dutton – August 4, 2022

Service of Court Document Case Number 172021SC007462XXXXXX
The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida a/a/o Ben Kivovitz v. United Property & Casualty Insurance Company
Posted by Scott W. Dutton – August 3, 2022

De Minimis Making a Comeback?
Miami Medical Group, Inc., v. Auto Club Insurance Company of Florida
Posted by Stephen B. Farkas, Esquire – August 1, 2022

Favorable Summary Judgment on $.01 Alleged Underpayment Issue
Sun Life Chiropractic and Injury Center v. MGA Insurance Company, Inc.
Posted by Scott W. Dutton – July 29, 2022

Remote Proceedings Are Here To Stay
Florida Supreme Court Opinion SC21-990
Posted by Richard R. Phelps, Esquire – July 28, 2022

Favorable Opinion of Matter Where No Pip Insurer Information Is Provided by Insured
USAA Cas. Ins. Co. v. Mikrogiannakis
Posted by Scott W. Dutton – July 27, 2022

Favorable Appeal on Exhaustion: Less Institute Physicians A/A/O Amelia Stringer-Gowdy v. USAA Appeal
United Services Automobile Association, v. Less Institute Physicians
Posted by Scott W. Dutton – July 26, 2022

Fifth District Holds Operative Date for Florida Statute § 627.7152 is Date of the Assignment of Benefits
The Kidwell Group, LLC D/B/A Air Quality Assessors of Florida A/A/O Maria Amadio, Appellant, v. Olympus Insurance Co.
Posted by Arielle Heinke – July 26, 2022

Deductible Applicable to Emergency Providers if Multiple Bills Received the Same Day from Both Emergency and Non-Emergency Providers
Progressive Am. Ins. Co. v. Emergency Physicians, Inc.
Posted by Catherine V. Arpen, Esq. – July 22, 2022

Denial of Plaintiff’s Motion for Leave to Amend Complaint Post-Confession by Defendant
GEICO Cas. Co. v. Barber
Posted by Catherine V. Arpen, Esq. – July 20, 2022

Affidavit of Insured’s Engineer, Not Sufficient to Overcome Prejudice to Insurer
Perez v. Citizens Prop. Ins. Corp
Posted by Scott W. Dutton – July 8, 2022

Favorable Second DCA Decision on Billed Amount
Progressive American Ins. Co. v. Back On Track, LLC a/a/o Ophelia Bailey
Posted by Scott W. Dutton – July 5, 2022

Florida Fraud Prevention Bill Signed by Governor
CS/CS/CS/HB 749 Fraud Prevention Bill Signed Into Law June 3, 2022
Posted June 30, 2022

Fifth DCA Remands Case Interpreting Section 627.7152 for Further Proceedings
The Kidwell Group, LLC., d/b/a Air Quality Assessors Of Florida V. American Integrity Ins. Co.
Posted by Arielle Heinke – June 1, 2022

Governor Ron DeSantis Signs Insurance Reform Legislation
Senate Bills 2D and 4D Passed Into Law on May 26
Posted by Mark L. Erdman June 1, 2022

"Lawfully Rendering" Treatment for PIP Benefits
Touch of Health Medical Center, LLC v. Progressive Select Ins. Co.
Posted by Arielle Heinke – May 6, 2022

Deductible Application Questions Under the PIP Statute
Miller Chiropractic & Medical Centers, Inc. v. Progressive Select Ins. Co.
Posted by Arielle Heinke – May 6, 2022

Governor DeSantis Calls Special Session on Property InsuranceThe Florida legislature will meet in special session May 23-27, 2022
Focus: To stabilize the Florida insurance market
Posted: May 2, 2022

Constitutionality and Application of New First Party Property Legislation Heats Up
Recent Decisions Impacting First Party Property Insurance Cases
Posted by Richard R. Phelps – Updated April 28, 2022

Favorable Appeal in State Farm Case
American Mobile Health Servs., Inc. a/a/o Tania Jimenez v. State Farm Mut. Auto. Ins. Co.
Posted by Scott W. Dutton – February 23, 2022

Supreme Court Favorable Ruling on Fee Schedules
MRI Associatede of Tampa, Inc., etc. v. State Farm Mutual Automobile Insurance Company
Posted by Scott W. Dutton – December 9, 2021

Favorable EUO Case
Miracle Health Servs. v. V.Miracle Health Services, Inc., a/a/o Kirenia Tamayo, Appellant, vs. Progressive Select Ins. Co., Appellee
Posted by Scott W. Dutton – July 15, 2021

Billed Amount Opinion on Charge That Is Less Than 80% Of Fee Schedule From the 4th DCA: Unfavorable
Geico Indemnity Co., Appellant, v. Muransky Chiropratic P.A. a/a/o Carlos Dieste, Appellee
Posted by Scott W. Dutton – June 28, 2021

Favorable Appeal: Fifth DCA Case: 21-0111 Affirmance of Confession of Judgment
Advantacare of Florida, Appellant, v. Geico General Ins. Co., Appellee
Posted by Scott W. Dutton – June 23, 2021

Favorable PCA of on Order Granting Summary Judgment on Charges Below the Deductible, and “Deductible Election Form”
Specialty Health Associates, LLC a/a/o Isabella Vecchio, Appellant, v. Geico Indemnity Co., Appellee
Posted by Scott W. Dutton – June 23, 2021

Comparative Negligence of a Minor
The Standard in Computing Comparative Negligence in Relation to Minor Children in the State of Florida Civil Law
Posted by John G. Miller, Esquire – April 6, 2021

Dutton Law Group Prevails in Opposing PIP Provider's Petition for Writ of Certiorari
Florida Dry Solutions, LLC a/a/o Nelida Rodgers v. Citizens Prop. Ins. Co., 2021 Fla. App. LEXIS 2150 (Fla. 1st DCA Feb. 12, 2021)
Posted by Scott W. Dutton – March 12, 2021

Dutton Law Group Prevails on Appeal in Roof Leak Insurance Dispute
Florida Dry Solutions, LLC a/a/o Nelida Rodgers v. Citizens Prop. Ins. Co., 2021 Fla. App. LEXIS 2268, 2021 WL 608394 (Fla. 3d DCA 2021)
Posted by Rebecca Delaney – March 10, 2021

Civil Remedy Notice Alleging Violations of 35 Statutory Provisions Was Not Sufficiently Specific
Julien v. United Prop. & Cas. Ins. Co., (Fla. 4th DCA Mar. 3, 2021)
Posted by Andrew A. Steadman – March 4, 2021

Insurer’s Invocation of Appraisal Provision Does Not Stay 60-Day Civil Remedy Notice Cure Period
Zaleski v. State Farm Fla. Ins. Co., 46 Fla. L. Weekly D416b (Fla. 4th DCA Feb. 24, 2021)
Posted by Andrew A. Steadman – March 4, 2021

627.736(10) Demand Letters: Very Favorable Opinion From the 3d DCA on Specificity Requirement!
David Rivera, Appellant, v. State Farm Mutual Automobile Ins. Co., Appellee
Posted by Scott W. Dutton – February 25, 2021

Public Adjuster is Not Disinterested for the Purposes of Property Appraisal
State Farm Fla. Ins. Co. v. Jon Parrish, 46 Fla. L. Weekly D85a, (Fla. 2d DCA Jan. 6, 2021)
Posted by Andrew A. Steadman – February 12, 2021

PIP Provider is Prevailing Party Even When Charges Were Unreasonable
State Farm Mut. Auto. Ins. Co. v. Martinez Health Inc. a/a/o Nakita Shim,
Case No. 2018-309-AP-01 (Fla. 11th Cir. Ct. [App.] Nov. 24, 2020)
Posted by Andrew A. Steadman – February 10, 2021

May an Insured in a First-Party Property Case, Recover Extra-Contractual Consequential Damages?
Citizens Property Insurance Corp. v. Manor House, LLC
Posted by Andrew A. Steadman – January 21, 2021

Insurer Did Not Waive Affirmative Defense of Failure of Insured to Comply With Post-Loss Obligations by Issuing Payment to Insured
Universal Prop. & Cas. Co. v. Monika Horne
Posted by Andrew A. Steadman – January 21, 2021

Tortious Interference (a/k/a Negligent Handling) as to a Dead Body
Claims arising from the tortious interference.
Posted by John G. Miller, Esquire – January 6, 2021

Testimony of Litigation Adjuster Will Not Lead to Admissible Evidence as to Purely Legal Issues of Unbundling of CPT Codes and Sufficiency of Demand Letter
Columna, Inc., a/a/o Ovar Bailey v. Allstate Ins. Co.
Posted by Scott W. Dutton – December 23, 2020

Favorable Billed Amount Opinion From the Ninth Judicial Circuit Court of Appeal
Government Employees Insurance Co., Appellant v. Sacowi Medical Clinic, LLC (a/a/o Herronda Mortimer) Appellee.
Posted by Scott W. Dutton – December 1, 2020

Rear-end collisions and the Rebuttable Presumption of Negligence
Multiple cases referenced
Posted by John G. Miller, Esquire – November 23, 2020

Liability Insurance Coverage & Intentional Act Exclusions
The leading cases of interest regarding homeowner, automobile and employment policies
Posted by John G. Miller, Esquire – October 8, 2020

Fifth DCA Case – Services Performed by Massage Therapists Not Payable Under PIP
Southern Owners Insurance Company v. Jaclyn Hendrickson
Posted by Scott W. Dutton – May 15, 2020

Is a Party Required to File a Motion to Tax Fees and Costs Within 30 Days of Dismissal or Judgment Pursuant to Rule 1.525 When a Party Is Seeking Fees Pursuant to a Motion for Sanctions Under Florida Statue § 57.105?
F.S. 57.105: Attorney’s fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation
Posted by Scott W. Dutton – Posted by Christina Saad, Esquire – March 30, 2020

March 2020 Homeowner Roundup
A Snapshot of Recent Statutes, Decisions, Holdings, and Opinions, That Impact First-Party Homeowner’s Property Insurance Cases
Collaborative article posted by the Dutton Law Group Property Insurance Team – March 29, 2020

Benefits Exhausted: Not as Solid of a Defense as It Used to Be and What to Do About It
Coral Imaging Services v. GEICO Indemnity Insurance Company
Posted by Brigitte Silver, Esquire – March 28, 2020

Spoliation of Evidence
The Court Must Address the Three-Question Threshold Inquiry
Posted by John G. Miller, Esquire – March 27, 2020

To Limit Pay or Not to Limit Pay
MRI Associates of Lakeland, LLC, d/b/a Highland MRI a/a/o E. Crockett, v. Progressive American Insurance Company
Posted by Stephen B. Farkas, Esquire – March 25, 2020

Favorable Opinion on the Recovery of Presuit Time for Attorney Fees
Mark J. Feldman, P.A. and Mark J. Feldman, Esq., Appellants, v. Infinity Assurance Insurance Co., Appellee
Posted by Scott W. Dutton – March 24, 2020

New Decision from Middle District (Orlando) on Billed Amount - Not Good
Revival Chiropractic LLC v. Allstate Insurance Company and Allstate Property and Casualty Insurance Company
Posted by Stephen B. Farkas, Esquire – March 6, 2020

Health Care Clinic Is Not Entitled to Receive Pip Reimbursements for Physical Therapy Services Rendered by a Licensed Massage Therapist Employed by the Clinic Who Is Not Licensed as Physical Therapist
Geico General Insurance Co. v. Beacon Healthcare Center, Inc.
Posted by Scott W. Dutton – February 27, 2020

What Purpose Does the Jurisdictional Amount of Damages Serve?
Specific Care Chiropractic v. Geico General Insurance Co.
Posted by Stephen B. Farkas, Esquire – February 25, 2020

Court Cannot Award Money Damages in a Pure Declaratory Action That Does Not Plead a Claim for Money Damages, but It Can Recover Attorney’s Fees for Establishing Coverage
MGA Insurance Company v. Steven Keith Massagee
Posted by Scott W. Dutton – October 24, 2018

Favorable Ruling on Election of Fee Schedule from the 11th Judicial Circuit
State Farm Mutual Automobile Insurance Co. v. Pan Am Diagmostic Services, Inc.
Posted by Scott W. Dutton – Posted by Scott W. Dutton – October 23, 2018

Favorable Order from the Federal Court on the Deductible Issue: Order Granting Defendant’s Motion to Dismiss (DE 28)
Central Palm Beach Physicians & Urgent Care, Inc. d/b/a Total MD v. Esurance Property and Casualty Insurance Company
Posted by Scott W. Dutton – May 22, 2018

Florida Supreme Court: Filing MET Regarding PFS Does Not Automatically Toll the 30-Day Deadline for Accepting the Proposal Until the Motion Is Decided
Donna Koppel v. Laura Ochoa
Posted by Scott W. Dutton – May 18, 2018

Favorable Progressive Opinion from the Fourth Judicial Circuit Regarding Election v. 627.736(5)(a)5 Notice
Neurology Partners, P.A. d/b/a Emas Spine and Brain Specialists v. Progressive American Insurance Company
Posted by Scott W. Dutton – April 24, 2018

Important 17th Circuit Opinion on Presuit Demand Discussing Waiver for Failure to Address at Pretrial, Placing Burden on Plaintiff to Comply and Requiring Specificity
State Farm Mutual Automobile Insurance Co. v. Douglas Diagnostic Center, Inc., a/a/o Jainek Perez, Appellee
Posted by Scott W. Dutton – March 5, 2018

Attorney’s Fees Available Under Proposal for Settlement in Case Involving Declaratory Action and Breach of Contract Where True Relief Sought Is Monetary Damages
Tower Hill Signature Insruace Co. v. Cesar Javellana and Sandra Javellana
Posted by Scott W. Dutton – December 20, 2017

Favorable Multiple Procedure Payment Reduction Order
Star Casualty Insurance Co. v. Eduardo J. Garrido
Posted by Scott W. Dutton – August 15, 2017

Favorable Appellate Opinion from the Seventeenth Judicial Circuit
Mercury Indemnity Co. of America v. Coral Springs Physicians Assn. Inc.
Posted by Scott W. Dutton – August 2, 2017

Favorable Appellate Opinion for Progressive on Its Policy Limiting Reimbursement to the Fee Schedules
Progressive Select Insurance Company, Appellant, v. Injury Treatment Center of Boynton Beach, Inc.
Posted by Scott W. Dutton – August 1, 2017

Third DCA Favorable EMC Ruling
Progressive American Insurance Company v. Eduardo J. Garrido D.C. P.A.
Posted by Scott W. Dutton – February 16, 2017

Favorable EMC opinion from the Circuit Court of the Ninth Judicial Circuit
USAA Casualty Insurance Co. v. Florida Injury Kissimmee, LLC
Posted by Scott W. Dutton – January 26, 2017

Favorable EMC Appeal from the 13th Judicial Circuit
Enterprise Leasing Company v. AFO Imaging, Inc
Posted by Scott W. Dutton – December 15, 2016

EMC: An Opinion (Affirmed) Has Been Issued In Case: 14-3580
Santiago v. USAA Casualty Insurance Company
Posted by Scott W. Dutton – August 31, 2016

Allstate Wins Policy Language Dispute in the Third District Court of Appeal
Florida Wellness & Rehabilitation v. Allstate Fire & Casualty Ins. Co.
Posted by Scott W. Dutton – July 14, 2016

Appeal of Attorney’s Fees and Costs for Claims Involving Penalty and Postage, but Not Benefits or Interest
United Automobile Insurance Co. v. ISO Diagnostic Testing, Inc.
Posted by Scott W. Dutton – March 21, 2016

A Finding of Liability and Damages in a UM-UIM case is Binding upon the Parties in a Subsequent Bad Faith Action
Fridman v. Safeco Insurance Co. of Illinois
Posted by Scott W. Dutton – March 1, 2016

Post Suit Confession by Payment
Johnson v. Omega
Posted by Scott W. Dutton – December 28, 2015

Affidavit Post Suit is Legally Insufficient to Create Material Issue of Fact
Robbins v. Garrison Property & Casualty
Posted by Scott W. Dutton – December 23, 2015

Policy Deductible Applies to the ER Physicians’ Charges
Metropolitan Casualty Insurance Co. v. Emergency Physicians of Central Florida
Posted by Scott W. Dutton – November 12, 2015

Florida Statute 627.736(6)(b) Cannot be used to Secure Information or Documentation regarding the Reasonableness of Charges
State Farm Mut. Auto. Ins. Co. v. Delray Med. Ctr., Inc.
Posted by Scott W. Dutton – November 6, 2015

Fifth DCA Opinion— Emergency Physician’s Charges
Mercury Insurance Company v. Emergency Physicians of Central Florida
Posted by Scott W. Dutton – October 19, 2015

Medical Providers to Begin Using ICD-10 in Place of ICD–9
International Classification of Diseases (ICD-10)
Posted by Scott W. Dutton – September 23, 2015

Two-Year Florida Insurance Fraud Investigation Leads to Multiple Arrests
DIF partnered with the FBI to conduct investigations into two personal injury clinics.
Posted by Scott W. Dutton – August 27, 2015

Fourth District Court of Appeal Rules Negatively on Allstate’s Fee Schedule Language and Certifies Conflict with the First District Court of Appeal
Orthopedic Specialists v. Allstate Insurance Company
Posted by Scott W. Dutton – August 20, 2015

Favorable Opinion: Application of Deductible to the Payable Amount v. Billed Amount
Progressive American Insurance Company v. Munroe Regional Health System, Inc.
Posted by Scott W. Dutton – April 28, 2015

Legislative Tracking Update
Florida House of Representatives: SB 486 (2015)
Posted by Scott W. Dutton – March 19, 2015

EMC Update: It Is a Violation of Equal Protection and Due Process That a Chiropractor Cannot Determine Whether or Not a Patient Has an Emergency Medical Condition
Eduardo J. Garrido D.C. P.A. v. Progressive American Insurance Company
Posted by Scott W. Dutton – March 16, 2015

A Clinic Owned by a Massage Therapist Must Be Licensed with AHCA Under the New Pip Statute
Imperial Fire & Casualty Insurance Company v. Magic Hands Solution Inc.
Posted by Scott W. Dutton – March 13, 2015

EMC Case: Robbins v. Garrison Property and Casualty Insurance Company
Glennan Robbins Appellant, v. Garrison Property and Cansualty Insurance Company, Appellee
Posted by Scott W. Dutton – February 13, 2015

OC48438-Order Granting Appellant’s M4Rhg Final Order Reversing Trial Court on the Applicability of the Deductible to Emergency Physician’s Charges
Mercury Insurance Company of Florida v. Emergency Physicians of Central Florda, LLP
Posted by Scott W. Dutton – February 11, 2015

Bad EMC Order for Enterprise: Hillsborough County
AFO Imaging Inc. v. Enterprise Leasing Company of Florida, LLC
Posted by Scott W. Dutton – January 26, 2015

Interesting Case Involving the Application of the Medicare Part B Fee Schedules as Found in the “New” Florida Motor Vehicle No-Fault Law
Waterford Lakes Wellness & Injury Clinic, Inc. v. Progressive American Insurance Company
Posted by Scott W. Dutton – August 7, 2010

EUO Case from the Second District Court of Appeal
Judah Hungerman v. Nationwide Mutual Fire Insurance Company
Posted by Scott W. Dutton – July 13, 2009