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July 05, 2024 | Daily Report Online

Litigation Over Fatal Georgia Motorcycle Crash Reaches $18M Settlement With State Farm

"The defense's refusal to accept liability in this case for years is truly perplexing," plaintiff's attorneys Ben Brodhead and Ashley Fournet of Brodhead Law in Atlanta said in the release. "The defendant driver even pled guilty to criminal charges related to the incident, so I think their attempts to blame our client really rang hollow for the jurors."
3 minute read
June 26, 2024 | New York Law Journal

New York Courts Support Bad Faith Claims Where Insurance Companies Unreasonably Delay and Deny Claims

Anderson Kill's Cort Malone and Kathleen Gatti spotlight a May 29 ruling from the Northern District of New York allowing a bad faith claim against an insurer to go forward, reaffirming policyholders' right to seek consequential damages when insurance companies unreasonably delay or deny claims.
7 minute read
June 24, 2024 | New York Law Journal

Post-EUO Verification Requests

A no-fault insurer is entitled to request from an applicant any additional verification it deems necessary to process the claimant's claim. "The insurer is entitled to receive all items necessary to verify the claim directly from the parties from whom such verification was requested.
13 minute read
June 18, 2024 | Daily Business Review

Reports of Stabilization in Property Insurance Due to Tort Reform May Be Premature

On May 21, the Florida Office of Insurance Regulation (OIR) published its May 2024 Florida Property Insurance Market Update, claiming "overall market…
7 minute read
May 24, 2024 | Daily Report Online

Appeals Court Sides With Plaintiffs in 'Gotcha Tactic' Settlement Dispute

"If the insurance companies are interested in seeing confusing language, they need look no further than their own insurance contracts," said plaintiff-appellee attorney Ben Brodhead.
5 minute read
May 23, 2024 | Daily Business Review

Fla. High Court Clears Path for Insurance Companies to Utilize Payment Methodologies Enumerated in PIP Statute

The "billed amount" issue deals with both policy language and Section 627.736(5)(a)(5) of the PIP statute. In plain language, the issue can be summarized as whether an insurer is eligible to reimburse a bill at 80% of the amount billed when that amount is less than 200% of the Medicare fee schedule rate for the corresponding year for which the service was rendered.
8 minute read
May 22, 2024 | Law.com

A Cautionary Tale: EPA Lists PFOA and PFOS as Hazardous Substances

"The EPA's new PFAS rule is the agency's first-ever exercise of its authority under Section 102(a) to directly identify CERCLA-specific hazardous substances," write Andrea Driggs, Meredith Weinberg and Benjamin Longbottom of Perkins Coie.
8 minute read
May 14, 2024 | Daily Business Review

Judge Awards Florida Litigators $2.4M in Attorney Fees

Class counsel moved for nearly $4.4 million in attorney fees, but U.S. District Judge Paul Byron ultimately awarded $2.4 million.
4 minute read
May 14, 2024 | Daily Business Review

Florida Jury Returns $3.2M Verdict: Was Bifurcation Key?

"Bifurcation can be an extremely valuable tool," said attorney Christopher T. Kuleba, who is not associated with the case.
5 minute read
May 08, 2024 | The Legal Intelligencer

A Reefer Remand: Sending Smoke Signals to NJ's Highest Court for Novel Cannabis Law Questions

The judicial landscape, at both the state and federal levels, is tasked with determining the existence of a private cause of action under each state's medical cannabis statute. This determination hinges on whether the statute delegates enforcement responsibilities to a governmental entity, or if it lacks an independent mechanism for addressing employer violations.
7 minute read

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