Uninsured or underinsured motorists are not an uncommon problem in Florida. A recent study conducted by the Insurance Research Council showed that in 2012 Florida ranked second in the nation in the number of uninsured drivers, with approximately 3.2 million of the state’s drivers being uninsured at the time. In…
The dangerous instrumentality doctrine is a long-established principle of tort law. Under this doctrine, a person with a property interest in a vehicle is vicariously and strictly liable for the injuries that result from negligent operation of that vehicle by a person to whom he or she granted custody of…
As the Fourth District Court of Appeal’s opinion in Marina Dodge, Inc. v. Quinn demonstrates, sometimes the hardest part of a lawsuit is getting the opposing party in court. In Quinn, the Court of Appeals found that the courts of Florida could not exercise personal jurisdiction over two New York…
On Wednesday, June 18, 2014, police identified the two men who were injured on Tuesday in a possible wrong-way motor vehicle accident on a stretch of State Road 84 in Davie. Dale Engle, the Davie Police Captain, identified the man reported to have been driving west in the eastbound lanes…
Typically, the thought of conceding liability in a negligence suit runs counter to conventional legal strategy. In fact, attorneys often spend considerable time trying to counteract even banal admissions that occur prior to formal litigation that could be construed as declarations of liability. However, a recent case coming from Florida’s…
On Tuesday, April 22, the Florida House of Representatives unanimously voted in favor of enacting the Aaron Cohen Life Protection Act, legislation that stiffens penalties for hit-and-run drivers. This follows the March 26 unanimous vote of the Florida Senate in favor of the Act, which will now go to the…
Although Florida instituted a no-fault insurance scheme to assure swift recovery for auto accident victims and dissuade needless litigation involving small claims, insurers have often conditioned the receipt of benefits in various ways that have made the benefit acquisition process increasingly protracted and involved. Two common provisions that insurers incorporate…