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Author: Defense Counsel

Brian Eves recently presented a Continuing Education credit course on Automobile Bodily Injury Claims Handling for adjusters with Sedgwick Claims Management Services, Inc. in Pompano Beach, FL.  The Course covered multiple topics involved in handling bodily injury claims from traffic accidents, including coverage analysis, responding to 627.4137 claims, common and emerging damage trends and analysis, combatting fraud, and negotiating tactics.
In celebration of Pro Bono month, the Legal Services of Greater Miami celebrated its pro bono volunteers on October 24, 2019.  Amongst its honorees, Ela Hernandez, Associate in the South Florida office, was recognized for her efforts to provide and support pro bono legal services for the underserved in Miami-Dade County.  Ms. Hernandez participated as a volunteer attorney throughout the year assisting community members with landlord-tenants […]
On October 28, 2019, the Eighth Judicial Circuit of Florida hosted its Law in the Library Series discussing the Before and After the Storm: Insurance and Contracts.  Ela Hernandez was invited as a panelist to speak on the topic and which included coverage considerations, pre-event preparations and post-loss conditions.  Additional panelists included Robert Butts who is certified in Construction Law by The Florida Bar […]
Although the general issue of spoliation of evidence and its ramifications have been established in Pennsylvania jurisprudence for years, a recent appellate court decision has applied these principles to the amount of day-of-accident video surveillance to be retained. In Marshall v. Brown’s IA, LLC (“Shop Rite”)i the Pennsylvania Superior Court vacated a defense verdict in favor of the operator of a store because the […]
Michelle E. Hardin recently presented on an appellate litigation panel at St. Thomas University School of Law on October 17, 2019 in Miami, Florida.  The panel was assembled by the school’s moot court team, which is led by MSZL&M law clerk Antoinette Mederos.  The panel featured Third District Court of Appeal Judge Fleur Lobree and Professor Howard Blumberg formerly of the Miami-Dade County Public […]
Brian A. Eves recently presented on a panel at the CLM Southeast Conference on October 4, 2019 in Kissimmee, Florida.  The seminar class topic was “Consumer Product & Appliance Failures: Manufacturer vs Consumer,” which he presented along with along with Timothy Tresierras, ARCCA, Inc., Gregory Vacek, Chubb; and Ilene Munk, Foley & Mansfield.  The panel covered primary causation and subrogation issues, including case studies involving consumer products. Mr. Eves presented on real world application in litigation, and how adjusters, clients, and counsel can work together to effective and efficiently handle claims based on the scope of the damages.
In our April 2, 2019 article, “New Jersey Supreme Court Rules Claimant Cannot Recover Economic Loss For Difference in Coverage When Electing Lower PIP Coverage,” we reported on the New Jersey Supreme Court’s March 26, 2019 ruling in Haines v. Taft, 237 NJ 271, that plaintiffs were barred from recovering against a tortfeasor the amount of unpaid medical bills in excess of their PIP […]
There is no Presumptive Rule that Materials Collected Prior to the Commencement of Litigation are Not Protected by New Jersey’s Work Product Doctrine The New Jersey Appellate Division recently held in the matter of Paladino v. Auletto Enter., Inc. (No. A-0232-18T1, June 6, 2019) that there is no per se rule that materials collected before the commencement of litigation are not prepared in anticipation […]