Submitted by Jessica Gregory on 01 Aug, 2022
An insurer has the burden of proof in demonstrating that a policy exclusion applies to bar coverage. See Deshazior v. Safepoint Ins. Co., 305 So. 3d 752, 755 (Fla. 3rd DCA 2020) (If an insurer is relying on an exclusion to deny coverage/ a duty to defend, it has the…
Submitted by Phil Wiseberg on 24 Jun, 2022
The issue of whether a Plaintiff can submit to a jury the total amount of past medical bills from medical providers when they are a Medicare recipient rather than the amount paid by Medicare has been a hotly litigated issue in the past few years. The decision in Joerg v.
Submitted by Maureen Martinez on 02 Jun, 2022
When handling a matter that involves a medical emergency suffered by the alleged tortfeasor, it is important to analyze whether the defense of sudden medical emergency is available. If the defense is established, it is a complete bar to negligence. Over the years the defense has been addressed as follows:…