Legal Topics

TRIAL COURT ERRED IN GRANTING DEFENDANT’S MOTION TO SETOFF JURY’S AWARD WITH DISCOUNTS FROM OUT-OF-STATE PROVIDERS AND PIP BENEFITS FOR INJURIES THE JURY DID NOT COMPENSATE THE PLAINTIFF FOR
Nov 18th, 2025 in by admin

TRIAL COURT ERRED IN GRANTING DEFENDANT’S MOTION TO SETOFF JURY’S AWARD WITH DISCOUNTS FROM OUT-OF-STATE PROVIDERS AND PIP BENEFITS FOR INJURIES THE JURY DID NOT COMPENSATE THE PLAINTIFF FOR Buckman v. McDonald, 50 Fla. L. Weekly D1985 (Fla. 2nd DCA…


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Insurance — Homeowners — Standing — Insured’s action against insurer — Because assignment of benefits to remediation company was invalid as matter of law under section 627.7152, insured retained all rights under policy and has standing to pursue claim against insurer — Insurer’s partial payment to remediation company under emergency services cap does not extinguish its obligation to pay remainder of appraisal award — Moreover, insurer is equitably estopped from denying insured’s right to pursue claim where insurer sent letter saying that it would be paying money to insured, not to remediation company, and insured paid company to settle work with them in reliance on that letter — Further, many services for which insured seeks reimbursement were not emergency services for which insurer paid remediation company directly — Insurer’s motion for summary judgment is denied
Nov 14th, 2025 in by admin

Insurance -- Homeowners -- Standing -- Insured's action against insurer -- Because assignment of benefits to remediation company was invalid as matter of law under section 627.7152, insured retained all rights under policy and has standing to pursue claim against…


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