Publications
Commonwealth Court Allows Second Review Petition, Rejects Res Judicata Defense on Psychological Injury Claim
The Commonwealth Court has found that serial Petitions to Review may be permitted to add injuries, if they are of a different nature and even if the symptoms existed at the time a prior Petition to Review was litigated.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Affirms Notice Was Timely in Electrocution and Tremor Injury Claim
The Commonwealth Court has affirmed that a claimant who notifies their employer of a work injury in plain language and in a timely manner satisfies the notice requirements of Sections 311 and 312 of the Act even if a diagnosis is not immediately r
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Upholds Penalties Against Employer for Failure to Pay Fee Review Determinations
The Commonwealth Court affirmed a workers’ compensation judge’s award of penalties and counsel fees against an employer that failed to comply with multiple Fee Review Determinations.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Reverses Dismissals, Holds Claim Petition Preserved Claims and Orders Remand
The Commonwealth Court reversed a decision that had dismissed multiple parties from a workers’ compensation case.
What’s Hot in Workers’ Comp, Vol. 29, No.
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What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Court Rules Homeowner Adequately Alleged Breach of Contract After Insurance Carrier Denied Windstorm Claim
The appellate court reversed a trial court’s dismissal of a homeowner’s third amended complaint with prejudice, finding that the plaintiff had adequately alleged a cause of action for breach of contract.
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Florida Court Upholds Denial of Late Hurricane Claim, Reinforcing Prompt Notice Requirement
In August, the Third District Court of Appeal in Miami upheld a summary judgment in favor of the insurance company in a case that addressed whether homeowners can recover for hurricane damage when they wait several years to report the claim.
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Second District Court of Appeal Reverses Dismissal, Upholds Validity of Assignment of Benefits Despite Disputed Payment Terms
In this appeal, Well Done Mitigation, LLC, as an assignee of Lazaro Escalona, challenged the final judgment entered in favor of Citizens Property Insurance Corporation on the basis that the trial court erred in granting a dismissal.
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Assignment of Benefits Deemed Invalid Where ‘Estimate’ Contained Bundled Costs Instead of Itemized Per-Unit Breakdown
The County Court for Broward County in the Seventeenth Judicial Circuit of Florida is the latest jurisdiction to render a decision further upholding the requirements set forth within Section 627.7152, Florida Statutes, finding that a valid assignm
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d
Fifth District Sides with the Sixth District and Finds SB-2A Does Not Apply Retroactively
The Fifth District Court of Appeals reversed a trial court’s ruling that had retroactively applied statutory changes which eliminated an insured’s right to recover attorney’s fees in a first-party property damage case under what has become known a
Legal Update for Florida Coverage & Property Litigation – September 2025 is prepared by Marshall Dennehey to provide information on recent legal d