Legal Analysis

You work hard to make an honest living.  You own your own business, and your business includes company vehicles.  One morning, you turn on the local news, take your first sip of coffee, and nearly spit it out as you see your company vehicle crashed through the window of an area business when the headline […]

Under the liability coverage provision of an automobile insurance contract, the insurance company, or carrier, owes a duty to defend the consumer, or insured, from pending litigation resulting, in part, from a covered motor vehicle accident. For example, John Williams’ auto insurance coverage provides him with liability limits of $10,000 per person, or $20,000 per […]

Landlords have many statutory and/or common law obligations and duties under Florida law governing their relationships with their tenants, including with regard to the inspection and maintenance of the premises.  The landlord will often want and need a written lease, signed by the tenant, to clearly delineate both the terms of this relationship and, for […]

While intent often sways an argument between spouses, it has no bearing on a Court’s determination that PIP coverage does not extend to a non-insured vehicle owned by only one spouse. In Star Casualty Insurance Co. v. Jacksonville Chiropractic, Inc. a/a/o Marie St. Hilaire, the 5th DCA overruled a Duval County Trial Court’s usage of […]

In personal injury litigation, surveillance is one of the most important tools available to defense counsel. When used strategically, surveillance can undermine exaggerated claims of injuries, challenge witness credibility, and provide juries with an objective measure of a plaintiff’s true physical capabilities following the alleged injury. However, in order to maximize its impact, defense attorneys […]

As all construction professionals involved in litigation are likely aware, in 2013, the Florida Evidence Code began mirroring the Supreme Court’s standard for admitting expert opinions as outlined in Daubert v. Merrell Dow Pharmaceuticals, Inc.[i] After years of debate on whether Daubert or the longstanding Frye standard should dictate the admissibility of expert opinions, the […]

A game is being played concerning the role of treating physicians in personal injury actions, and you should know how it affects your defense. ‘Treating physician’ is a simple enough phrase.  From an initial perspective, one might think it simply refers to a medical doctor providing ordinary care, but it has a loaded—and often complex—definition […]