Tag: insurance-companies
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The Use of Medicare Set-aside Trusts in Workers’ Compensation Settlements
The Health Care Financing Administration is cracking down on people who owe money to Medicare. They are working with the Department of Justice to go after insurance companies and lawyers who don’t get Medicare’s approval for settlements involving Medicare patients. Medicare can ask for money back if they paid for medical care that should have…
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Managing Managed Care: An Analysis of Managed Care Within Workers’ Compensation Claims
In 1994, the Florida Legislature changed the way medical issues are handled in workers’ compensation cases. They created a system similar to HMO health plans. But this new system has caused a lot of problems and not many solutions. The authors of this article talk about how insurance companies get approval for their managed care…
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Dealing with Medicare Issues in Workers’ Compensation Settlements
Medicare has been paying for injured workers’ medical expenses, even when they should be covered by workers’ compensation or other insurance. The Centers for Medicare and Medicaid Services (CMS) is working to collect the money owed to Medicare for these expenses. Medicare may not pay for medical treatment if it can be covered by workers’…
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The Intentional Acts Exclusion
In personal injury cases, it’s important to know if the person you’re suing has insurance to cover the costs. If they do, they’ll have a lawyer paid for by the insurance, and you’re more likely to get a big settlement if you win. In cases where someone hurt you on purpose, their insurance might not…
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Mediating with Florida’s Local Governments: Tips for the Private Practitioner
This article is for lawyers who want to mediate with local government in Florida. The writer wants to let them know that settlements reached at mediation with the government are not final until the elected board approves them. They give an example of a personal injury case where the lawyer reached a settlement, but then…
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The Other Property Problem: Applying the Economic Loss Rule to Construction Contracting Claims
The economic loss rule in Florida says you can’t sue for damages in a contract dispute unless there’s personal injury or damage to other property. That’s easy to understand when it comes to products, but it gets tricky with construction contracts because there’s no clear line between what’s considered “other property” and what’s not. This…
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Proposals for Settlement in PIP Cases: Should U.S. Security Ins. Co. v. Cahuasqui be Overturned?
In U.S. Security Ins. Co. v. Cahuasqui, the court ruled that a proposal for settlement can apply to personal injury protection (PIP) cases in Florida. This means that if someone sues their insurance company for denying PIP benefits and loses, they may have to pay the insurance company’s attorneys’ fees and costs. This decision conflicts…
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The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished?
A boy and his dad got hurt in a car crash in Florida. The dad’s wife’s car was involved, and the boy’s mom tried to get money from their insurance. The insurance company wouldn’t pay even though the crash was partly the dad’s fault. After a long court case, the insurance company was found to…
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Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements
A doctor who is being sued for medical malpractice has to decide whether to settle the case or go to trial. This decision has legal, practical, and ethical implications. The defense team, which includes the doctor, the lawyer assigned by the insurance company, and the adjuster, must weigh the risks and benefits of settling the…
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Can Two Wrongs Make a Right to Seek Indemnification of Punitive Damages From a Liability Insurance Carrier?
In some situations, an insured person may act in a really reckless or careless way, like driving drunk and causing a car accident. When this happens, their insurance company might not have to pay for any extra punishment costs, because they think it’s not fair for insurance to cover for that. However, if the insurance…
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Florida’s New Good Faith Duty on an Insurer Not to Settle
A liability insurance company must carefully handle multiple claims that could exhaust its insuredâs policy limits. It can’t settle too quickly, leaving other legitimate claims with no coverage. In the Farinas case, the insurer settled with some claimants quickly, leaving insufficient coverage for others. The court ruled that the insurer could be liable for settling…
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Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect?
Time is very important in real estate, especially when property values are going down. If there’s a problem with the title of a property, the seller might ask their title insurance company to fix it quickly so they don’t lose the sale or the value of the property. But even if the title insurance company…
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New Reporting Requirements on Payments Made to Attorneys Leave Practitioners Wondering Why
Basically, Congress passed a law that requires businesses to report any payments they make to lawyers for legal services. Before this law, businesses only had to report certain payments to lawyers, but now they have to report all of them. The IRS made some rules to explain how businesses should comply with this new law,…
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Section 412(i) Defined Benefit Plans: Simplicity, Safety, and Power
A 412(i) plan is a type of retirement plan that is fully insured and guaranteed by the government and an insurance company. It is like a private social security plan. Employers may want to qualify their plan under §412(i) because it exempts them from certain funding requirements, making it less complicated and costly to manage.…
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Rev. Proc. 2010-36: Something Smells Foul (Again!) for Chinese Drywall Victims
Between 2003 and 2007, many homes in the US were built with Chinese drywall, which caused problems like corrosion, bad odors, and health issues for people living in those homes. The IRS issued guidance for homeowners to claim a tax deduction for the damage caused by the defective drywall, but it didn’t help everyone. The…
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Captive Insurance Companies: Florida Enters the Arena
A captive insurance company is a company formed by a business owner to insure the risks of their operating business and affiliated companies. It must be operated like a real insurance company and be licensed as one. Captive insurance companies have been around for a long time and are used by both large and small…
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Rethinking the Application of Contingency Risk Multipliers in Fee Awards Should Florida Courts Recede from Quanstrom?
Basically, a legal firm is representing a person who got hurt in a car accident. The person who caused the accident has insurance, but the firm is trying to get more money from them. The legal firm is asking the insurance company to pay more to cover the person’s medical bills and other expenses. The…
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Closing Protection Letters
Closing protection letters are offered by title insurance companies to address concerns of lenders about the liability of their approved attorneys or agents. These letters outline the conditions under which the title insurance company will accept liability for the acts or omissions of its agents. They indemnify lenders against damages arising from certain claims against…
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Contractual Indemnity in Construction for Your Negligence,What Year Is It?
In construction projects in Florida, if someone does something wrong that causes damage or injury, certain people like contractors and architects agree to take responsibility for it in their contracts. Some people think this is not fair and shouldn’t be allowed, while others think it’s okay because the people signing the contracts should understand what…
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Ten Tips for Handling Complex Probate
When someone dies, only one person can be the lawyer’s client, and it’s usually the one who can pay the fees and has the authority to handle the legal matters. It’s important to figure out who the client is before any meetings or discussions. In some states, the lawyer represents the person in charge of…
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Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry
Courts in Florida have made some decisions that have frustrated lenders and special servicers in the CMBS industry. These decisions prevent receivers in foreclosure cases from selling the real estate, which affects the industry. It’s important for lawyers representing these lenders to understand these decisions. In one case, the court ruled that a receiver couldn’t…
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The New Closing Protection Resets the Understanding Between Lenders and Title Insurers and Corrects Unhealthy Nationwide Trends in the Caselaw
A new closing protection letter (CPL) has been approved in Florida, and similar changes will soon appear in other states. The new CPL aims to make the language clearer and prevent misunderstandings between parties involved in real estate transactions. The CPL is a form that assures lenders that they can trust the attorneys and closing…
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1999 Update on the Bert J. Harris Private Property Rights Protection
The Bert J. Harris, Jr., Private Property Rights Protection Act in Florida was created in 1995 to help protect property owners from unfair government actions that restrict their property rights. It allows property owners to file a claim if they can show that the government’s actions have unreasonably limited their ability to use their property.…
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Proliferating Mold Litigation: Why Mold Is Not the Next Asbestos
The rise in mold litigation has led to large monetary awards in Texas and California due to property damage and health effects. The main factors driving this trend are the science behind mold and its effects on health, media coverage, and insurance company practices. Some believe that mold litigation could become the next big legal…