Tag: insurance-company
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Enforcement of Workers’ Compensation Settlements
In Florida, most workers’ compensation cases settle through mediation rather than going to trial. However, disputes can still arise when trying to finalize the settlement terms. This can happen if the injured worker changes their mind or if both parties can’t agree on the details. It’s important for both sides to carefully consider and agree…
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Vocational Rehabilitation in Florida Workers’ Compensation Cases: A Comprehensive Review of Statutory and Case Law
Before 1979, workers in Florida had to prove that their disability would probably be permanent in order to get vocational rehabilitation benefits. These benefits included temporary total disability payments and assistance with training and education expenses. After 1979, the law has changed many times, and court cases have helped interpret these changes. If an employee…
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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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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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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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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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Strategies for Defeating the Material Misrepresentation Defense in Insurance Actions: A Plaintiff’s Perspective
Insurance companies use the “material misrepresentation defense” to try to deny claims by finding errors or omissions in the insurance application. For example, if a parent says their 15-year-old doesn’t drive, but the insurance application doesn’t list them as a driver, the insurance company might deny any claims related to the child. However, there are…
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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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The Complaint for a Pure Bill of Discovery: A Living, Breathing, Modern Day Dinosaur?
A pure bill of discovery is an old legal remedy that asks the court to make the other party share information or documents. It’s not used much anymore because modern rules of procedure cover most types of discovery. But sometimes it’s still necessary to use a pure bill of discovery to get the information needed…
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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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Notice 2002-8: IRS Overhauls Split Dollar
In 2002, the IRS issued Notice 2002-8 which changed the way split dollar life insurance plans are taxed. It addressed issues related to the employeeâs interest in the policy cash value and the standards for determining insurance company term rates. The IRS also introduced two alternative theoretical approaches for taxation of split dollar plans. These…
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Kuro and Muben-Lamar In the Eye of the Beholder?
In Florida, when you transfer an interest in real property to a company or individual, you have to pay a tax called the deed tax. This tax is based on the amount of money or other property exchanged in the transfer. This tax has been around since 1931 but has become more important as real…
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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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The Complete Advisor: One Attorney’s Case for Ancillary Practices
Summary: A legal firm and attorney were being sued for negligence in a car accident case. The plaintiff claimed that the lawyer didn’t file the necessary paperwork on time, resulting in a lost settlement. The court ruled in favor of the plaintiff and awarded them a large sum of money. When people come to a…
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Sales Tax on Commercial Leases of Real Property: A Refresher on the Issues Involving Florida Sales Tax and Commercial Leases
In Florida, sales tax must be paid on certain charges in commercial lease transactions. This includes base rent, additional rent, and common area maintenance charges. The state imposes a six percent sales tax on the total rent, and counties may add an additional tax on top of that. The Department of Revenue has specific rules…
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U.S. Tax Planning for the International Transportation of Goods by Containers
TL;dr: A legal case involving a car accident and a lawsuit against the driver and their insurance company. The injured person is seeking compensation for medical bills and lost wages. The case is being handled by a law firm and attorney, and is going to court. U.S. container ports handle a lot of cargo, which…
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A Primer on Private Placement Life Insurance
PPLI is a type of life insurance that can help with income tax and estate planning. It’s like regular life insurance, but with more investment options and lower costs. It’s a good option for people who want to save on taxes and have more investment flexibility. However, there are certain rules and requirements that need…
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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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Get Your 20 Percent Deduction by Calling 1-800-888-199A
The Tax Cuts and Jobs Act was passed in 2017 and will affect how lawyers and law firms in Florida plan their income taxes in 2018. The new laws will provide tax benefits for many lawyers, but they may need to restructure their finances to take full advantage of these benefits. The article explains important…
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The Applicability of the Administrative Procedure Act to Federal Tax Litigation
When Congress made the Administrative Procedure Act (APA) in 1946, it was meant to balance the power of government agencies with individual rights. The APA allows people to challenge agency actions in court. However, it doesn’t apply if there’s already a way to challenge the action. The U.S. Tax Court, for example, doesn’t follow the…