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Case Notes

Case Note – A CHALLENGE TO THE DEFENSE OF “EXCLUSIVE REMEDY” FOR EMPLOYER LIABILITY

By Case Notes, Florida Law

By: William G. K. Smoak, Esq., Ryan Hoyle, Esq. and Ashleigh Price, Esq. In what currently amounts to an advisory opinion, The Honorable Jorge E. Cueto, trial judge in the Eleventh Judicial Circuit, ruled that Fla. Stat. § 440.11 is unlawful, invalid and unconstitutional. As the Attorney General for the State of Florida noted, the Court’s ruling does what no other court in Florida has done – declare Florida’s worker’s compensation framework unconstitutional.[1] Given the potential implications of this decision…

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Case Note – Upon Confession of Judgment by an Insurer in UM case, Trial Court Lacks Jurisdiction

By Appellate / Insurance Litigation, Case Notes

By: Ryan Hoyle, Esq. The Fifth District Court of Appeal ruled that on the notice of a Confession of Judgment by an insurer in an uninsured/underinsured (“UM”) case, the trial court lacks jurisdiction to take any action other than to enter judgment in the amount of the UM policy limits. An action for bad faith is separate and distinct, and may be brought in a separate action. In GEICO Casualty Co. v. Barber, ___ So. 3d. ____, 2014 WL 3966053,…

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Case Note – PIP Insurer was Liable for Attorney’s Fees Because the Insurer Confessed Judgment When it Paid the Medical Bills

By Case Notes, Trucking, Auto & Motorcycle

By: Dawn M. Myers, Esq. The Fifth District Court of Appeal ruled that a PIP insurer was liable for attorney’s fees because the insurer confessed judgment when it paid the medical bills at issue before the litigation was resolved. In Tampa Chiropractic Center, Inc., v. State Farm Mutual Automobile Insurance Co., __ So. 3d. __, 2014 WL 3375017 (Fla. 5th DCA July 11, 2014), the insurer refused to pay a claim to a treatment provider until that facility provided certain…

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Case Note – 3rd DCA Finds Section 768.0755, Florida Statutes, Governing Notice in Slip and Fall Cases Sould be Retroactively Applied

By Appellate / Insurance Litigation, Case Notes

By: S. Leigh Matchett, Esq. In Kenz v. Miami-Dade County, 116 So.3d 461 (Fla. 3d DCA 2013), the Third District Court of Appeal of Florida faced the issue of whether Section 768.0755, Florida Statutes, should be retroactively applied to cases that were pending during when the statute took effect. At the time of the Appellant’s initial filing, Section 768.0755, Florida Statutes (2002) was in effect and did not require “[a]ctual or constructive notice of the transitory foreign object or substance”…

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