Submitted by Jessica Gregory and Carri Leininger on 23 Jul, 2025
Pursuant to the case law in Florida, different presumptions arise depending on whether an insured has breached a notice provision or a duty to cooperate. If the insured breaches the notice provision, prejudice to the insurer will be presumed, and the burden…
Submitted by Melanie Barker on 09 Jul, 2025
For those who make statements to law enforcement, there is often a question about whether those statements can be used against the reporter. In motor vehicle accident cases, Fla. Stat. §316.066(4) applies and states that “(e)xcept as specified in this subsection, each crash report made by a person…
Submitted by Melanie Barker on 09 Jul, 2025
In cases where a Defendant may have acted negligently, but it is unclear whether that negligence was the cause of the injury requires a review of proximate cause. Proximate cause is a mix of fact and foreseeability. See Lindsey v. Bell South Telecommunications, Inc.,…