Articles Posted in Insurance

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cars 4After an accident, the last thing anyone wants to deal with is a difficult insurance company. Florida’s bad faith law allows an individual to sue their insurer if they believe that the insurer engaged in fraud or “bad faith” activities when defending or settling a claim that resulted in additional damages or legal costs for the insured. These types of cases can be extremely complex, which is why it is imperative to seek the help of a qualified Miami injury attorney who is well-versed in this area of the law.

In Hayas v. GEICO General Insurance Co., a man named Hayas was involved in an automobile accident that caused the death of another person. When the accident took place, Hayas had liability insurance through GEICO General Insurance Co. and had a policy for up to $100,000 per person and $300,000 per incident.

After the wreck, the deceased individual’s estate filed a negligence lawsuit against Hayas, the at-fault driver, as well as his insurance company. While there was a chance for settlement, the insurance company supposedly refused to settle the matter. After a jury trial, the deceased individual’s estate secured a judgment in state court for the amount of $1.6 million against Hayas. Continue reading →

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ambulanceUnfortunately, workplace injuries happen every day in the state of Florida and throughout the United States. If you have been harmed on the job, you should seek the help of an experienced Miami personal injury attorney who can examine the facts of your case and help you seek the compensation you deserve for your injuries. Robert Dixon has years of experience handling a variety of personal injury claims, and he can help you as well.

In Fortune v. Gulf Coast Tree Care, Inc., a Florida appellate court ruled that an employer that had actual knowledge that its employee had been injured on the job was liable for the employee’s medical expenses even through the employee never formally asked the employer to pay for such expenses.

The facts of the case are as follows. The plaintiff worked as a landscaper and was going to a gated community to provide an estimate to a potential client. As he made his way to the client, an individual who lived in the community punched him through the window of his car. The plaintiff suffered a dislocated shoulder and had to be treated at a local emergency room at a nearby hospital. The treating physician advised the plaintiff to obtain follow-up care. Continue reading →

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car accident3If you or someone close to you has been injured due to the negligence of another person, you can seek compensation for your injuries through a negligence claim. Issues of liability can be complex, and insurance companies can often be a nightmare to deal with. This is precisely where we come in. Robert Dixon is a highly skilled Miami personal injury lawyer who is well versed in this area of law and can help you get the compensation you deserve.

In Hubner v. Old Republic Insurance Co., the Fifth District held that a Boy Scouts of America Volunteer who was injured in a car crash when returning home from an Eagle Scout Project was deemed to be within the scope of his duties as a “registered volunteer” at the time of the accident for the purposes of insurance.

The facts of the case are as follows. Alan Norton was a registered volunteer with the Boy Scouts of America. He routinely participated in Boy Scout activities. Prior to the accident, Norton was helping a scout complete an Eagle Scout project. The project entailed cleaning up a cemetery that had become messy because of overgrown trees and debris. The cleanup effort took a few weeks in total. Continue reading →

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car4Under Florida law, auto insurance companies must act in “good faith” when handling claims from people they insure. The term “good faith” is used in many areas of law to refer to honesty and a sincere intention to deal fairly with others. In the context of an insurance company, good faith would refer to the insurance company assessing the damage fairly and offering an adequate payout. An example of bad faith would be an insurance company defrauding the insured party. If an insurance company fails to act in good faith, the insured party can typically file a lawsuit alleging bad faith.

In Rodriguez v. Integon, Mr. Rodriguez was injured in a car accident when he got into a wreck with another vehicle. The other vehicle was owned by another couple who was insured by Integon. Mr. Rodriguez later received a letter from Integon offering a settlement in the amount of $100,000 to “Anthony Rodriguez,” which was not the correct name. The correct name was Alexander Rodríguez. In exchange for the money, the company asked Rodriguez to sign a release form that would release the couple and Integon from all claims arising from the accident. Mr. Rodriguez declined and later sued the couple and won more than $100,000. Mr. Rodriguez then sued Integon for bad faith.

The District Court dismissed the lawsuit, stating that Mr. Rodriguez had failed to allege with specificity a claim upon which relief could be granted. The court explained that a “bad faith” claim arises when the insurer has breached its duty of good faith, specifically the contractual duty to exercise ordinary care when dealing with claims so the insured is not exposed to excess judgments. In this case, Mr. Rodriguez stated that Integon breached the duty of good faith by offering a settlement to someone else, namely “Anthony Rodriguez,” and failed to settle the case in a timely manner. Continue reading →

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roadIf you or someone you know was hurt or injured in a motor vehicle accident then you can contact our Miami car crash attorneys today. We are well-versed in personal injury law and proudly represent clients across South Florida. We understand the costs that can quickly add up in the aftermath of an accident and want to help you get the compensation you deserve. While laws surrounding automobile insurance differ from state to state, in Florida, car accident lawyers need to have extensive knowledge of Personal Injury Protection (PIP) to properly handle your case.

Florida requires mandatory PIP coverage. PIP is a facet of car insurance that covers medical bills, lost wages and other damages. Under Florida law, each driver is legally required to carry at least $10,000 in PIP coverage. PIP is designed to be paid regardless of whose fault the accident was. Put another way, if you cause an accident, you can potentially receive payment for your injuries and lost wages. For this reason, PIP is referred to as “no-fault” coverage.

While the Florida Legislature passed changes to the state’s PIP laws in 2013 under the guise of preventing insurance fraud, in reality, the changes have allowed insurance companies to collect similar or higher premiums while providing fewer benefits to policyholders. The statute calls for a staggering 25% reduction in billing for PIP benefits in 2014 although the insurance companies have the right to petition for exclusion from this provision. Continue reading →