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Insurance Claims Evidence

JUSTICENTER

The Difference Between a Freeway and a Highway

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Understanding the difference between a freeway and a highway is important. It can be especially relevant when evaluating fault and legal liability after a crash. In California, these distinctions can impact how a case is...more

Cozen O'Connor

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

Cozen O'Connor on

In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more

Mandelbaum Barrett PC

Common Bicycle Accident Injuries and How to Document Them for Your Claim

Mandelbaum Barrett PC on

Bicycling offers an eco-friendly, healthy way to travel through New Jersey’s scenic roads, but even the most cautious riders can be victims of serious accidents. When vehicles weighing thousands of pounds collide with...more

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

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U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Cozen O'Connor

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

Cozen O'Connor on

In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly...more

Carlton Fields

Florida District Court Orders New Trial After Jury Allowed to Hear Evidence on Claim Handling in Insurance Breach of Contract...

Carlton Fields on

In Universal Prop & Cas. Ins. Co. v. West Naze, No. 4D2024-0098 (Fla. 4th DCA Jun. 4, 2025), the Florida Fourth District Court of Appeal reaffirmed that an insured cannot introduce evidence of claim handling in a breach of...more

JUSTICENTER

Shoulder Injuries Caused by Car Accidents

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Car accidents often cause shoulder injuries. These injuries may affect your ability to work, care for yourself, or move without pain. You may struggle with basic tasks or lose access to activities you once enjoyed. Certain...more

JUSTICENTER

Auto Accident Litigation in California: A Guide to Maximizing Compensation

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Car accidents can be extremely expensive in terms of medical expenses, property damage, and loss of income. An auto accident can also cause overwhelming physical pain and emotional trauma. You deserve compensation for all the...more

Rodemer Kane Attorneys at Law

Understanding Commercial Truck Accident Settlements in Colorado

Commercial truck accidents, particularly those involving large vehicles like 18-wheelers, can result in very serious injuries for those involved. In Colorado, the process for securing a truck accident settlement involves an...more

Maison Law

How Traffic Camera Evidence is Changing Accident Litigation in California

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The use of traffic camera evidence is increasingly changing accident cases in California. While witness testimony can be helpful, it’s not always reliable. And some witnesses may not want to testify. The emergence of traffic...more

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence (Second Edition)

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Regardless of the specific cause of property damage—whether it be vehicle impact, structural collapse, construction defects, equipment failures, fire or explosion, hail, lightning, storms, animal activity, or water...more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Stark & Stark

Slip, Trip, and Fall Accidents: What You Do Next Matters

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In my years representing seriously injured clients throughout New Jersey, I’ve seen just how devastating a simple slip, trip, or fall can be. A cracked sidewalk or uneven paver stones, a wet grocery store floor, or a poorly...more

Maison Law

Proving Negligence After a Slip and Fall in California

Maison Law on

Slip and fall incidents are among the most common types of accidents in California and elsewhere. In public spaces like businesses, nearly nine out of ten high-risk areas have no safety measures in place. If you've suffered...more

J.S. Held

Inside the Healthcare Industry: The Critical Role of Medical Coding, Billing & Nurse Review

J.S. Held on

In what is already a highly regulated industry, it is becoming increasingly difficult for healthcare organizations to navigate the growing volume, complexity and enforcement of laws, regulations and guidance that surround...more

Marshall Dennehey

Fourth District Court of Appeal Overturns Trial Court’s Ruling, Citing Lack of Evidence for Jury Award

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Universal Property and Casualty Ins. Co. v. Brilus, Fla. 4th DCA, No. 4D2023-2878, February 19, 2025 - The Fourth District Court of Appeal reversed the trial court’s denial of Universal’s motion for remittitur. Universal...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Marshall Dennehey

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

Marshall Dennehey on

Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance...more

Rodemer Kane Attorneys at Law

Can Text Messages Be Used as Evidence in Personal Injury Cases?

In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Dashcam Footage in Tallahassee Car Accident Cases

Car accidents are an unfortunate reality on the roads of Tallahassee, Florida. With thousands of vehicles traversing the city daily, collisions are bound to occur. Determining fault and liability in these incidents is often a...more

Marshall Dennehey

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

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Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...more

Marshall Dennehey

Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion

Marshall Dennehey on

Ronald and Lovelie Belizaire v. Citizens Prop. Ins. Corp., Fla. 4th DCA, No. 4D2023-2488, February 12, 2025 - The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the...more

Zelle  LLP

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

Zelle LLP on

A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29,...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

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Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

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