Publications
Trial court erred in dismissing medical provider-assignee’s statement of claim alleging breach of contract by insurer after considering consent judgment entered against a named insured in declaratory judgment action to which provider was not a party.
The 4th District Court of Appeal reversed and remanded the lower court’s order granting the defendant’s motion to dismiss against the plaintiff.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
No error in ordering repayment for services where reimbursement was initially denied because CPT code billed was not recognized by Medicare Part B or workers’ compensation fee schedules. The nature of the service controls, not the billed CPT code.
The 4th District Court of Appeal affirmed that the trial court correctly ruled that, when determining whether a CPT code is reimbursable under the Florida PIP Statute Section 627.736(5)(a)[1](f), the insurance company must look to the nature of th
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Work product privilege is waived where a party inadvertently produced incident report in discovery and delayed in asserting work product privilege.
This case stems from an automobile accident, where the defendant driver was working at the time of the accident and both he and his employer were named in the case.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Only an affirmative misrepresentation or fraudulent concealment of the actual medical cause of death will toll the two-year statute of limitations for survival or wrongful death cases.
The trial court granted a defendant’s motion for summary judgment in a wrongful death case because the matter was initiated after MCARE’s two-year statute of limitations period had run.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Judge upholds objections to overly-broad discovery demands, noting that plaintiff could revise and narrow demands but declines to grant plaintiff specific relief.
This interesting litigation actually addresses a complaint of excessive idling against a school bus company, but the federal court correctly put the onus on the plaintiff to craft appropriate requests as opposed to common “kitchen sink” type deman
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court grants motion to dismiss in action where a minor plaintiff was lured off a school bus by minor defendants and assaulted.
Though much of the court’s issue in this decision appears related to the manner in which the complaint itself was drafted, the court did find that a school transportation department’s “supervision of students on a school bus, as well as the action
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Incident report prepared for a claims company “for the benefit of [the] insurer” falls within work production and is not discoverable.
In a matter involving a dispute over damage caused to a truck during towing, the tow truck company sought to quash an order requiring production of an incident report prepared by the named tow truck driver.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Uber Eats driver not entitled to UIM benefits under Uber Eats’ insurance policy.
The plaintiff was operating his motorcycle as an Uber Eats driver in August of 2017 when he was involved in a motor vehicle accident and suffered significant injuries. The offending driver was minimally insured.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.
At its heart, this decision is fairly simple—the Appellate Division determined the plaintiff is not entitled to summary judgment because an issue of fact remained as to whether the defendant was liable for the collision, and an issue of fact remai
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate court reverses trial court and enforces arbitration provision of equipment lease and transportation agreement.
It is highly common for truck drivers who own their own trucks to function as independent contractors and function in that capacity pursuant to agreements with large logistics companies.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.