Alienated Premises Exclusion Applies to Damage Occurring Subsequent to Property Sale In a marathon-like victory, requiring three hearings and over four hours of argument for summary judgment, Judge Edward Fine granted final summary judgment in favor of the insurer based on the alienated premises exclusion. Here, the buyers of property brought suit against the insured for damages arising out of the insured’s misrepresentations as to the condition of the home.  Damage to the property existed prior to the sale of […]

CMS extends current thresholds for Mandatory Insurer Reporting under Medicare Secondary Payer Act  RISK MANAGERS can rest easy for a little while longer. On November 9th the Centers for Medicare & Medicaid Services (CMS) announced that it will delay enforcement of TPOC (total payment obligation to the claimant) reporting in liability-only cases in a new “Alert” that will supersede the deadlines currently contained in their User Guide (Version 3.1). In addition, the thresholds for reporting have been extended for an […]

GEICO Insurance Company, represented by Tom Caldwell and Stephanie Bandy of Walton Lantaff Schroeder and Carson, successfully appealed a summary judgment entered against it by a Miami-Dade Court. Plaintiff Sanchez, a Miami lawyer, sued GEICO claiming that GEICO violated Florida law by failing to provide him with a required notice that his policy of automobile insurance was about to expire. Sanchez did not pay his renewal premium when due, allegedly because he did not get any notice from GEICO, and […]

On September 2, 2010, Bernard Probst and Ian Ronderos tried the workers’ compensation case of Ofelio Horta v. Seaboard Marine. The Claimant, a dockworker, alleged that he injured his arm while climbing onto his work truck at Seaboard Marine’s place of business the Port of Miami. The Claimant was terminated by the Employer because the Employer determined that the Claimant was actually injured while engaged in a work place fight with a co-worker. In a devastating cross-examination, Mr. Probst confronted […]

The Division of Administrative Hearings amended the Florida 60Q Rules of Procedure for Workers’ Compensation Adjudications effective October 31, 2010 in an effort to advance a more efficient and self-executing workers’ compensation system.  Some highlights include: Motion hearings will not be held except in exceptional circumstances and for good cause shown, a dramatic shift away from face-to-face interaction with the JCC.  Written motions will be normally disposed after the response is filed or after the response period has expired, based […]

WE’RE PLEASED to report a big win on behalf of the School Board in Palm Beach County, and we won on every single issue. The claimant was a teacher who claimed multiple injuries due to a books falling on her while cleaning up a classroom. She wanted to doctor shop, and it was heavily litigated to trial with Philip Thompson. Our litigation saved the employer large exposure for potential medical care, including injection recomendations from their IME on the neck […]

WLSC not only recently won a huge appeal in the Eleventh Circuit, but was also a part of a landmark decision which will now help to limit ILSA actions against real estate agents. The Interstate Land Sales Full Disclosure Act is a Federal consumer protection statute which requires that, prior to the purchase of property, a buyer must be informed of facts which would enable a reasonable person to make an informed decision about purchasing the property.  Failure to comply […]

Beverly Hires v. Columbia Hospital, accident date April 24, 2009; tried in West Palm Beach. Senior Partner Gregg Margre prevailed in a highly litigated and contested matter involving the denial of compensability of an injured worker’s left foot condition. The claimant, a nurse, claimed a left foot injury approximately one year after sustaining a compensable left knee condition, which happened to coincide with the breakdown of settlement negotiations at a mediation. The injured worker did not complain about any type […]