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Blog Posts in January, 2018

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  • Florida Fifth DCA reverses judgment for future medical expenses in Uninsured Motorist negligence case, finds insufficient evidence that expenses were reasonably certain to be incurred
    Florida Fifth DCA reverses judgment for future medical expenses in Uninsured Motorist negligence case, finds insufficient evidence that expenses were reasonably certain to be incurred

    On January 26, 2018, in State Farm v. Harmon , No. 5D16-2948, the Florida Fifth DCA reversed a trial court’s final judgment following a jury verdict for the plaintiff in an Uninsured Motorist (UM) ...

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  • Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer
    Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer

    On January 25, 2018, in Humana Medical Plan v. Western Heritage Insurance , No. 15-11436, a majority of the active service judges on the Eleventh Circuit Court of Appeals voted against rehearing en ...

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  • Florida First DCA reduces amount payable to AHCA for Medicaid lien, finds that agency was bound by its stipulation that decedent's parents had right to contest amount of lien
    Florida First DCA reduces amount payable to AHCA for Medicaid lien, finds that agency was bound by its stipulation that decedent's parents had right to contest amount of lien

    On January 26, 2018, in Delgado v. Agency for Health Care Administration , No. 1D16-5768, the Florida First DCA reversed an Administrative Law Judge’s (ALJ) determination that the parents and personal ...

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  • Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims
    Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims

    On January 25, 2018, in Smith v. R. J. Reynolds Tobacco Co ., No, 13-14316, the Eleventh Circuit Court of Appeals affirmed a district court’s decision not to reduce a compensatory damage award in an ...

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  • Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof
    Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof

    On January 17, 2018, in Jones v. Federated National Insurance Company, No. 4D16-2579, the Florida Fourth DCA reversed a final judgment in favor of the defendant insurance company in a first party ...

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  • Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending
    Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending

    On January 26, 2018, in Landers v. State Farm , No. 5D15-4032, the Florida Fifth DCA reversed a trial summary judgment in favor an insurance company in a first party bad faith lawsuit involving a ...

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