Radey is an AV-rated firm consisting of lawyers who practice before state agencies and in all state and federal courts.
Just before the new year, the Florida Supreme Court released its opinion in Progressive Select Insurance Company v. Florida Hospital Medical Center resolving a split among Florida’s appellate courts about the proper application of the deductible in Personal Injury Protection (PIP) claims. The underlying question related to whether the PIP deductible should be applied before […]
In a 4-3 decision, the Florida Supreme Court in Harvey v. GEICO General Insurance Company sent a sobering message to insurers. In Harvey, the insured was involved in an accident with another driver who died as a result of his injuries. More here. The insured was covered under a policy providing $100,000 in liability coverage. […]
Florida’s 4th District Court of Appeal in Restoration 1 of Port St. Lucie v. Ark Royal Insurance Company determined that an insurer may require approval of all insureds and the mortgagee before an assignment of benefits is valid. This ruling differs from a conclusion reached by the 5th DCA last year after the Office of […]
The Fourth District Court of Appeal recently issued three opinions that compound the concerns of insurers dealing with increased claims costs due to assignments of benefits. This latest setback follows an earlier decision of the Fifth DCA rejecting an insurer’s argument that post-loss assignments should be prohibited based on a contractor’s not having an insurable […]
