Listing of Webinars
Florida Worker’s Comp Fraud & Misrepresentation
Complete introduction to the concept of workers’ compensation fraud and misrepresentation, including statutes, key case summaries, different types of fraud and employer defenses to various scenarios and an example of misrep illustrated through deposition. Program length: 50 minutes. Date & Time: Dec 11, 2025 10:00 AM Eastern Time (US and Canada).
Complete introduction to the concept of workers’ compensation fraud and misrepresentation, including statutes, key case summaries, different types of fraud and employer defenses to various scenarios and an example of misrep illustrated through deposition. Program length: 50 minutes. Date & Time: Dec 11, 2025 10:00 AM Eastern Time (US and Canada).
July
312025
Knowledge is Power: Establishing Actual Knowledge in Premises Liability Cases312025
Whitlow v. Tallahassee Memorial Healthcare, Inc., 50 Fla. L. Weekly D1583a (Fla. 1st DCA July 23, 2025)
Posted by Connor C. Bishop, IV, Esq. – July 31, 2025
June
192025
You Can't Say That: Improper Bad Faith Evidence in Property Claims192025
Universal Prop. & Cas. Ins. Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025)
Posted by Connor C. Bishop, IV, Esq. – June 19, 2025
June
92025
Is a PFS Ambiguous if it Reserves its Rights and Defenses?92025
Infinity Auto Ins. Co. v. Miami Open MRI, LLC a/a/o Rolando Amador, No. 3D24-0945 (Fla. 3d DCA June 4, 2025)
Posted by Connor C. Bishop, IV, Esq. – June 9, 2025
May
292025
Dec Actions & Res Judicata: Can Plaintiffs Use Dec Actions to Re-Litigate Cases?292025
Meruelo v. Meruelo, 50 Fla. L. Weekly D1172a (Fla. 3d DCA May 28, 2025)
Posted by Connor C. Bishop, IV, Esq. – May 29, 2025
May
272025
Pre-Tort Reform Cases: Are You Serving Exclusive PFS?272025
SFR Servs., LLC v. Fla. Dep’t Fin. Servs., 50 Fla. L. Weekly D129a (Fla. 6th DCA May 16, 2025)
Posted by Connor C. Bishop, IV, Esq. – May 27, 2025
May
52025
Unlicensed Clinics & "Legally Responsible": The Eleventh Circuit Certifies AHCA Issue to the Florida Supreme Court52025
State Farm Mut. Auto. Ins. Co. v. LaRocca, Case No. 23-13979 (11th Cir. April 30, 2025)
Posted by Connor C. Bishop, IV, Esq. – May 5 2025
April
212025
Limited Water Damage Endorsements, Septic Tanks, & Tear Out Costs212025
Koss v. Fla. Ins. Guar. Ass’n, No. 3D21-1904 (Fla. 3d DCA April 9, 2025)
Posted by Connor C. Bishop, IV, Esq. – April 21, 2025
April
182025
Defending Late Notice Claims After Opening Coverage Part 2: Pleading Issues182025
Universal Prop. & Cas. Ins. Co. v. Yager, 50 Fla. L. Weekly D889a (Fla. 4th DCA April 16, 2025)
Posted by Connor C. Bishop, IV, Esq. – April 18, 2025
April
172025
Defending Late Notice Claims After Opening Coverage Part 1: Investigating Claims v. Litigation172025
Universal Prop. & Cas. Ins. Co. v. Yager, 50 Fla. L. Weekly D889a (Fla. 4th DCA April 16, 2025)
Posted by Connor C. Bishop, IV, Esq. – April 17, 2025
March
312025
The Scope of a Corporate Representative’s Testimony312025
Boyd v. Universal Prop. & Cas. Ins. Co., No. 4D2024-0246 (Fla. 4th DCA Mar. 26, 2025)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – March 31, 2025
March
272025
Competing Expert Opinions: Triable Issues & Affidavits272025
Betancourt v. Citizens Prop. Ins. Corp., Case No. 3D23-0923 (Fla. 3d DCA Mar. 12, 2025)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – March 27, 2025
February
212025
Late Notice Cases: Conclusory Affidavits & Insufficient Excuses212025
Bouchard v. Citizens Prop. Ins. Corp., No. 3D23-2202 (Fla. 3d DCA Feb. 19, 2025)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 21, 2025
February
202025
When Jury Verdicts Go Wrong: The Importance of Evidence in Brilus202025
Universal Prop. & Cas. Ins. Co. v. Brilus, No. 4D2023-2878 (Fla. 4th DCA Feb. 19, 2025)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 20, 2025
January
202025
Certified Conflict: Does An Insured’s Breach of a Post-Loss Condition Require Prejudice?202025
Forbes v. People’s Trust Ins. Co.,
50 Fla. L. Weekly D145c (Fla. 4th DCA Jan. 8, 2025)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – January 20, 2025
January
172025
Burdens of Proof in First-Party-Property Claims & MSJ Hearings172025
Valer v. Citizens Prop. Ins. Corp.
50 Fla. L. Weekly D126a (Fla. 3d DCA Jan. 8, 2025)
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – January 17, 2025
December
172024
Payment of “Improper” Claims Does Not Overcome Exhaustion of Benefits172024
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
December
102024
97039: Aqua Therapy is Not Payable Under Medicare102024
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
December
62024
Cast Iron Pipes & Expert Testimony62024
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
December
52024
RE: 97039 Favorable 3rd DCA – Hydrotherapy 52024
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
November
272024
Protect your Attorney’s Fees: 4th DCA Finds Waiver for Failing to Object to Judgment Deficiencies272024
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
November
52024
Don’t Delay, it Could Ruin Your Settlement52024
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 5, 2024
October
172024
Cooperating with Preferred Contractor Provisions: Substantial Compliance & Prejudice172024
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
October
162024
The Only Constant is Change162024
Emergency Rule 69BER24-4
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – October 16, 2024
October
32024
The AOB Fight Continues: The 1st DCA Criticizes Kidwell32024
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
September
262025
Coverage Defenses, Policy Defenses, & Coblentz Agreements: The Policy Controls Coverage262025
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
September
252024
Be Sure to “Appraise” Your Claim Handling Process Before You Object252024
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
September
122024
Do You Have a Dog in the Fight? Insureds Do Not Have Standing When They Transfer Their Property to Avoid Foreclosure122024
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
August
202024
A Refresher on Waiver: Make Objections to Appraiser Qualifications Early202024
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
July
312024
Deductible Election Forms are Not Required!312024
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
July
192024
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., LLC192024
Posted by Arielle Heinke, Esq. and Connor Bishop, J.D. – July 19, 2024
June
262024
Be Specific! CRN Responses Must Specifically Address Deficiencies262024
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
May
62024
Be Careful What You Look At: Waiver of Privilege Under Refresh Recollection Rule at Depositions62024
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
April
302024
The Florida Supreme Court Rejects “Billed Amount” Argument that Ignores the Heart of PIP’s Coverage Requirement302024
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
April
102024
Hearsay and Multiple Claims: The Third DCA Discusses The Business Record and Admissions Exceptions102024
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
April
92024
Sinkholes and Structural Damage: Jury Instructions for the Burden of Proof for All-Risk Policies92024
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
April
82024
Third DCA Rejects the Sue and Lose Argument: Insurer Can Directly Pursue Breach of Contract Action Against Insured for Violation of Subrogation Clause82024
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
March
282024
Juries Calculate Damages, the Court Calculates the Deductible Setoff282024
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
March
82024
Insureds Are Not Rewarded for Rushing to the Courthouse: Attorney’s Fees are Not Recoverable to Compel Appraisal Without a Breakdown in the Claims Process82024
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
March
42024
No Trial by Ambush: The Fourth DCA Applies Binger in SPOL Case42024
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
February
262024
A Reminder About Verdict Forms:262024
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
February
212024
The Second DCA Rules of The AOB Statute: § 627.7152(2)(a)2. Must Contain a Singular Provision Complying With the Statute212024
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
February
152024
The Third DCA Rules No Prejudgment Interest on Covered Claims152024
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
February
142024
Third Time’s The Charm? The Third DCA Agrees with the Fourth that § 627.70152 Applies Retroactively142024
Hughes v. Universal Property & Casualty Insurance Company
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – February 14, 2024
January
302024
Sixth District Clashes With Cole – Rules § 627.70152’s Pre-Suit Notice Provision Is Substantive and Cannot Be Applied Retroactively302024
Hughes v. Universal Property & Casualty Insurance Company
Posted by Arielle Heinke – January 30, 2024
January
222024
Court Orders a Dismissal Under Kozel Factors and Awards Sanctions!222024
Apex Roofing and Restoration v. American Integrity Insurance Company of Florida
Posted by Christopher Dutton – January 22, 2024
January
92024
Florida Legislative Tracking Updates 202492024
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.
January
92024
Coming Back for More: The Third DCA Analyzes Supplemental Claims Under § 627.7013292024
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
January
32024
Third DCA Cannot Make it More Clear: Presumption of Prejudice Arises from Failure to Give Timely Notice32024
Perez v. Citizens Property Insurance Corporation, 345 So. 3d 893 (Fla. 4th DCA 2022)
Posted by Scott W. Dutton – January 3, 2024
October
62023
The Florida Supreme Court Pushes to Make Courtrooms More Accessible and Consistent: Amendment to Fla. R. Gen. Prac. & Jud. Admin. 2.21562023
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
October
52023
Punitive Damages: What They Are, the Trial Court’s Role, and Providing a Strong Defense52023
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
September
202023
Favorable Daubert Opinion on Plaintiff Experts202023
Citizens Prop. Ins. Corp. v. Vazquez
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 20, 2023
August
242023
No Fees When Paying in Response to an NOIL242023
Citizens Prop. Ins. Corp. v. Vazquez
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 24, 2023
August
232023
Corrosion is An Act of Nature232023
People’s Trust Ins. Co. v. Banks
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 23, 2023
August
212023
Opposing OPPS212023
Progressive Select Ins. Co. v. In House Diagnostic Servs. and Progressive Express Ins. Co. v. Simon Med Imaging
Posted by Arielle Heinke, Esq. – August 21, 2023
August
102023
Crosswalking in Workers' Compensation102023
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
June
292023
AQA Fails to Prove Their Report is a Covered Cost292023
People’s Trust Insurance Company v. The Kidwell Group, LLC
Posted by Richard R. Phelps and Connor Bishop – June 29, 2023
June
192023
Another Unfavorable Presuit Demand Opinion192023
Mercury Indem. Co. of Am. v. Pan Am Diagnostic of Orlando
Posted by Scott W. Dutton – June 19, 2023
May
302023
Dutton Law Group Prevails on a 57.105 Motion for Sanctions302023
Florida Statute § 57.105
Posted: May 30, 2023
May
172023
Sixth DCA Opinion Issued in Favor of Progressive on Limiting Charge172023
Progressive Express Insurance Company v. Simonmed Imaging, a/a/o Hilleri Brown
Posted by Arielle Heinke – May 17, 2023
May
162023
Favorable Limiting Charge: Sixth DCA162023
Progressive Express Insurance Company, Appellant, v. Simonmed Imaging, a/a/o Hilleri Brown, Appellee.
Posted by Scott W. Dutton – May 16, 2023
May
112023
The Fourth DCA Rejects "Hyper-Technical" Interpretation of 627.7015112023
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
May
82023
Yes: You Do Need to Give Presuit Notice Under § 627.7015282023
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
May
52023
Favorable Exhaustion Case Involving When Payment Is Deemed Complete52023
Comprehensive Health Ctr._ LLC v. Star Cas. Ins. Co._ 2023 Fla. App. LEXIS 1210n
Posted by Scott W. Dutton – May 5, 2023
May
42023
“Dirty” Dec Actions Concern “Dollars” not “Doubt”42023
Dutton Law Group Has Earned a Recent Win Dismissing a Declaratory Action
Posted by Retta Rico – May 4, 2023
May
32023
Favorable New Notice of Intent Case Out of the 4th: Applicability of 627.7015232023
Herman Cole, Appellant, v. Universal property & Casualty Insurance Company, Appellee
Posted by Scott W. Dutton – May 3, 2023
May
12023
Fourth DCA Rules Limiting Charge Is Not Proper Payment in PIP Claims12023
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
April
262023
Favorable Ruling from 4th DCA: Reversing Course on Katzell!262023
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
April
212023
The Sixth DCA Adopts the Fifth DCAs Analysis Regarding Security First's LWD Endorsement212023
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
April
192023
Tort Reform Legislation for 2023192023
Determining Effective Dates for HB 837
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 19, 2023
April
182023
Tort Reform Legislation for 2023182023
Negligence Changes: Statute of Limitations, Comparative Fault, and Premises Liability
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 18, 2023
April
172023
Tort Reform Legislation for 2023172023
Section 768.0427: Letters of Protection, Overruling Worley, and Calculating Medical Expenses
Posted by Richard R. Phelps and Connor Bishop, Esq. – April 17, 2023
March
312023
Tort Reform Legislation for 2023312023
Attorneys’ Fees under HB 837
Posted by Richard R. Phelps and Connor Bishop – March 31, 2023
March
222023
Fixing the Strike Zone (Part III)222023
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
March
212023
Fixing the Strike Zone (Part II)212023
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
March
22023
Fixing the Strike Zone (Part I)22023
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
February
102023
No Double Dipping: Public Adjusters Cannot Serve as a “Disinterested” Appraiser102023
Parrish v. State Farm (Fla. Feb 9, 2023)
Posted by Connor Bishop, J.D. – Updated February 10, 2023
January
52023
Changes to Service of Process Statutes52023
Procedural Changes for 2023
Posted by Richard R. Phelps and Connor Bishop – January 5, 2023
January
42023
Jurisdictional Changes for the Trial Courts42023
Procedural Changes for 2023
Posted by Richard R. Phelps and Connor Bishop – January 4, 2023
January
32023
Florida Welcomes the Sixth District Court of Appeal32023
Procedural Changes for 2023
Posted by Richard R. Phelps and Connor Bishop – January 3, 2023
December
152022
Florida Senate Passes Property Insurance Overhaul152022
SB-2A, sponsored by Senator Boyd
Posted by Jonathan Hall – December 15, 2022
November
162022
Fifth District Court of Appeals Strikes Down a CRN for Lack of Specificity162022
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
November
152022
CPT Code 97039: Unfavorable Opinion, From the 4th DCA, but Why?152022
United Auto Insurance Company v. Lauderhill Medical Center, LLC
Posted by Scott W. Dutton – November 15, 2022
November
32022
New DCA Rulings Create an Additional Hurdle for Post-loss Misrepresentations32022
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
October
212022
Fourth District Court of Appeals Affirms Denial of Insurer’s Claim for Intentional Concealment or Misrepresentation of Material Fact on Insurance Application Does Not Require Rescission of Policy212022
Benitez v. Universal Property & Casualty Ins. Co., No. 4D21-3281 (Fla. 4th DCA, October 12, 2022)
Posted October 21, 2022
September
272022
PIP Provider Confessed Judgment When It Rescinded EUO Requirement Post-suit272022
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
September
262022
No Priority of Pip Benefits Payments Where Non-emergency and Emergency Providers Submit Bills on Same Day262022
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
September
232022
PIP Dec Action Brought Over Well-Settled Law Is Moot; Plaintiff Takes Nothing. Defendant Entitled to Fees232022
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
September
222022
Air Quality Quacks and Assignments Under § 627.7152: If It Looks Like a Duck, and Quacks Like a Duck, Then It Is a Duck222022
Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida v. American Integrity Insurance Company
Posted by Arielle Heinke – September 22, 2022
September
212022
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 Improper212022
University Diagnostic Institute Winter Park, PLLC v. Geico Indemnity Co., Posted by Arielle Heinke – September 21, 2022
September
202022
Late Notice Case Law Development: Policy Language Shifts Burden of Establishing Prejudice Onto Insurer202022
Perez v. Citizens Prop. Ins. Corp., 47 Fla. L. Weekly D1677 (Fla. 4th DCA August 10, 2022)
Posted by Arielle Heinke – September 20, 2022
September
192022
Pip Providers Not Required to Attach AOB to Complaint Under New Fourth DCA Ruling192022
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
September
62022
Providing Proper Affidavits to Support Motions for Summary Judgment62022
Gromann v. Avatar Prop. & Cas. Ins. Co.
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 6, 2022
September
12022
Insureds May Choose to Pursue a Declaratory Actions, a Breach of Contract Claim, or Both12022
Comisar v. Heritage Property & Casualty Insurance Company
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – September 1, 2022
August
312022
Contractors Must Comply with Section 627.7152 to have Standing312022
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
August
232022
Favorable Presuit Demand Opinion232022
Thompson v. Geico Indem. Co._ 2022 Fla. App. LEXIS 5126
Posted by Scott W. Dutton – August 23, 2022
August
192022
Limited Water Damage Endorsements and Tear Out Costs192022
Security First Ins. Co. v. Vazquez
Posted by Richard R. Phelps, Esq. and Connor Bishop, J.D. – August 19, 2022
August
152022
Surviving a Motion to Quash Subpoena for Deposition Duces Tecum to Non-Party in Judgment Enforcement Action152022
Florida Rules of Civil Procedure 1.560, 1.310(b) and Florida Statute 559.72(4)
Posted August 15, 2022
August
102022
Fraud Exception to the Attorney/Client Privilege102022
Florida Statute § 90.502(2)
Posted August 10, 2022
August
92022
Sanctions: Don’t Forget the Kozel Factors!92022
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 August 9, 2022
August
82022
Florida Trial Courts Start to Recognize Fourth District Kidwell Ruling82022
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
August
42022
Viability of Provider’s Claims42022
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
August
32022
Service of Court Document Case Number 172021SC007462XXXXXX32022
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
August
12022
De Minimis Making a Comeback?12022
Miami Medical Group, Inc., v. Auto Club Insurance Company of Florida
Posted by Stephen B. Farkas, Esquire – August 1, 2022
July
292022
Favorable Summary Judgment on $.01 Alleged Underpayment Issue292022
Sun Life Chiropractic and Injury Center v. MGA Insurance Company, Inc.
Posted by Scott W. Dutton – July 29, 2022
July
282022
Remote Proceedings Are Here To Stay282022
Florida Supreme Court Opinion SC21-990
Posted by Richard R. Phelps, Esquire – July 28, 2022
July
272022
Favorable Opinion of Matter Where No PIP Insurer Information Is Provided by Insured272022
USAA Cas. Ins. Co. v. Mikrogiannakis
Posted by Scott W. Dutton – July 27, 2022
July
262022
Favorable Appeal on Exhaustion: Less Institute Physicians A/A/O Amelia Stringer-Gowdy v. USAA Appeal262022
United Services Automobile Association, v. Less Institute Physicians
Posted by Scott W. Dutton – July 26, 2022
July
262022
Fifth District Holds Operative Date for Florida Statute § 627.7152 is Date of the Assignment of Benefits262022
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
July
222022
Deductible Applicable to Emergency Providers if Multiple Bills Received the Same Day from Both Emergency and Non-Emergency Providers222022
Progressive Am. Ins. Co. v. Emergency Physicians, Inc.
Posted by Catherine V. Arpen, Esq. – July 22, 2022
July
202022
Denial of Plaintiff’s Motion for Leave to Amend Complaint Post-Confession by Defendant202022
GEICO Cas. Co. v. Barber
Posted by Catherine V. Arpen, Esq. – July 20, 2022
July
82022
Affidavit of Insured’s Engineer, Not Sufficient to Overcome Prejudice to Insurer82022
Perez v. Citizens Prop. Ins. Corp
Posted by Scott W. Dutton – July 8, 2022
July
52022
Favorable Second DCA Decision on Billed Amount52022
Progressive American Ins. Co. v. Back On Track, LLC a/a/o Ophelia Bailey
Posted by Scott W. Dutton – July 5, 2022
June
32022
Florida Fraud Prevention Bill Signed by Governor32022
CS/CS/CS/HB 749 Fraud Prevention Bill Signed Into Law June 3, 2022
Posted June 30, 2022
June
12022
Fifth DCA Remands Case Interpreting Section 627.7152 for Further Proceedings12022
The Kidwell Group, LLC., d/b/a Air Quality Assessors Of Florida V. American Integrity Ins. Co.
Posted by Arielle Heinke – June 1, 2022
June
12022
Governor Ron DeSantis Signs Insurance Reform Legislation12022
Senate Bills 2D and 4D Passed Into Law on May 26
Posted by Mark L. Erdman June 1, 2022
May
62022
"Lawfully Rendering" Treatment for PIP Benefits62022
Touch of Health Medical Center, LLC v. Progressive Select Ins. Co.
Posted by Arielle Heinke – May 6, 2022
May
62022
Deductible Application Questions Under the PIP Statute62022
Miller Chiropractic & Medical Centers, Inc. v. Progressive Select Ins. Co.
Posted by Arielle Heinke – May 6, 2022
May
22022
Governor DeSantis Calls Special Session on Property InsuranceThe Florida legislature will meet in special session May 23-27, 202222022
Focus: To stabilize the Florida insurance market
Posted: May 2, 2022
April
282022
Constitutionality and Application of New First Party Property Legislation Heats Up282022
Recent Decisions Impacting First Party Property Insurance Cases
Posted by Richard R. Phelps – Updated April 28, 2022
February
232022
Favorable Appeal in State Farm Case232022
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
December
92021
Supreme Court Favorable Ruling on Fee Schedules92021
MRI Associatede of Tampa, Inc., etc. v. State Farm Mutual Automobile Insurance Company
Posted by Scott W. Dutton – December 9, 2021
July
152021
Favorable EUO Case152021
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
June
282021
Billed Amount Opinion on Charge That Is Less Than 80% Of Fee Schedule From the 4th DCA: Unfavorable282021
Geico Indemnity Co., Appellant, v. Muransky Chiropratic P.A. a/a/o Carlos Dieste, Appellee
Posted by Scott W. Dutton – June 28, 2021
June
232021
Favorable Appeal: Fifth DCA Case: 21-0111 Affirmance of Confession of Judgment232021
Advantacare of Florida, Appellant, v. Geico General Ins. Co., Appellee
Posted by Scott W. Dutton – June 23, 2021
June
232021
Favorable PCA of on Order Granting Summary Judgment on Charges Below the Deductible, and “Deductible Election Form”232021
Specialty Health Associates, LLC a/a/o Isabella Vecchio, Appellant, v. Geico Indemnity Co., Appellee
Posted by Scott W. Dutton – June 23, 2021
March
122021
Dutton Law Group Prevails in Opposing PIP Provider's Petition for Writ of Certiorari122021
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
March
102021
Dutton Law Group Prevails on Appeal in Roof Leak Insurance Dispute102021
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
February
252021
627.736(10) Demand Letters: Very Favorable Opinion From the Third DCA on Specificity Requirement!252021
David Rivera, Appellant, v. State Farm Mutual Automobile Ins. Co., Appellee
Posted by Scott W. Dutton – February 25, 2021
December
232020
Testimony of Litigation Adjuster Will Not Lead to Admissible Evidence as to Purely Legal Issues of Unbundling of CPT Codes and Sufficiency of Demand Letter232020
Columna, Inc., a/a/o Ovar Bailey v. Allstate Ins. Co.
Posted by Scott W. Dutton – December 23, 2020
December
12020
Favorable Billed Amount Opinion From the Ninth Judicial Circuit Court of Appeal12020
Government Employees Insurance Co., Appellant v. Sacowi Medical Clinic, LLC (a/a/o Herronda Mortimer) Appellee.
Posted by Scott W. Dutton – December 1, 2020
May
152020
Fifth DCA Case – Services Performed by Massage Therapists Not Payable Under PIP152020
Southern Owners Insurance Company v. Jaclyn Hendrickson
Posted by Scott W. Dutton – May 15, 2020
March
292020
March 2020 Homeowner Roundup292020
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
March
242020
Favorable Opinion on the Recovery of Presuit Time for Attorney Fees242020
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
February
272020
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 Therapist272020
Geico General Insurance Co. v. Beacon Healthcare Center, Inc.
Posted by Scott W. Dutton – February 27, 2020
March
12016
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 Illinois12016
Posted by Scott W. Dutton – March 1, 2016
