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Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys

 Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys - Alachua | Citrus | Dixie | Gilchrist | Lake | Levy | Marion | Putnam | Summer | Volusia

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Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys

Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys

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In 1963, Gene Kubicki founded the firm based on a commitment to excellence. The same high standards have been maintained for more than five decades -- years that have seen the firm's ranks grow to over 200 lawyers.

Our team knows that returning clients are the lifeblood of any law firm and that's why we ensure client satisfaction with a strong focus on service and quality. Customer service coupled with a spectacular work ethic makes our team hard to beat.

Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes that diversity is not only a moral imperative, but is also a sound business practice.

The Fourth District Joins The Second District In Seeking Clarification From Florida's Highest Court About Medicare's Effect On Evidence Of Past Medical Expenses

In response to the growing needs of its clients, the firm began to expand in the early 1980s and today is a full-service, diversified law firm offering trial, appellate, coverage, commercial and real estate transaction services.

Kubicki Draper enjoys a national reputation for expertise in handling complex, high-stakes litigation, as well as general commercial and real estate appellate practices.

With a dozen offices throughout the state of Florida and other key locations in the southern parts of Georgia, Alabama and Mississippi, our firm is known to every location across the country and will never join at home.

Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys

, Case No. 4D22-1314 (Fla. 4th DCA June 28, 2023), involving a hurricane-damaged roof, the homeowner received an engineering report on the cause and extent of the damage in exchange for an award of benefits. After the insurer accepted a covered loss and settled, the homeowner repaired his roof and the report was not used in the project. The insurer then refused to pay the recipient's bill for the report, thus triggering the case.

Transportation & Maritime Lawyers

On appeal, the Fourth DCA reversed, finding that the insurer's motion for directed verdict should have been granted. He found that the evidence presented at the jury trial showed that the engineer's report was not a "cost to repair or replace" the roof under the policy's loss compensation provision. Further, reversal was warranted based on erroneous jury instructions and verdict form. To read the full opinion, click HERE.

, Case no. 4D22-1059 (Fla. 4 DCA June 28, 2023), the Fourth DCA vacated final judgment for homeowners on a ceiling collapse claim after a jury trial where they failed to prove that the collapse was caused by a named hazard according to policy. Specifically, the homeowners did not present any evidence at trial that there was hidden and unknown decay or insect damage at the time of the collapse and thus could not prove that it caused the collapse. In contrast, the only witness who testified about the termite damage, their expert contractor, did not inspect the house until 5 years after the loss and did not know how long the termites had been there. The Fourth DCA remanded for final judgment in favor of the insurer. To read the full opinion, click here.

, 2023 WL 4095772 (Fla. 4th DCA June 21, 2023), the Fourth DCA reversed summary judgment for the insurer in a homeowners' policy breach case, finding that the trial court erred in relying on a deficient affidavit. The insurer relied on the affidavit of its corporate representative, which attached communications between the field adjuster, the public adjuster and the homeowners. However, the affidavit did not show any basis for the corporate representative's knowledge of the statements regarding his application or employment.

On appeal, the Fourth DCA reiterated that corporate representative statements supporting summary judgment are not exempt from the personal knowledge requirement. The attendant provided no basis for personal knowledge or competence, as he stated that he reviewed the insurer's file, but did not claim knowledge of its recordkeeping practices and merely restated the elements of the business records exemption in a conclusory manner. The Fourth DCA held that the affidavit and attached documents should have been disregarded by the trial court as it did not meet the requirements for use in support of a motion for summary judgment. Read more HERE.

Jams Opens Houston Resolution Center

Super Lawyers is a rating service of outstanding lawyers who have achieved a high degree of professional recognition and achievement. Selections are made on an annual, state-by-state basis, and to be selected, nominations and peer reviews are reviewed and combined with independent research. To learn more, visit: https://www.superlawyers.com/

1. Investigate: Remember to send the "120-day" letter to the injured employee if you need more time to investigate.

2. Documentation: Documentation is key in defending the position that authorized treatment was provided in a reasonable time.

Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys

3. Consult: If you question the medical necessity and/or causality of medical treatment recommended by an authorized provider, speak with the authorized provider about the basis of the recommendation to help make your decision about that specific treatment.

Maritime Lawyer: Everything You Need To Know

(Fla. 1 DCA June 14, 2023), the trial court granted the insurer's motion to subpoena the appraisal and extinguish the litigation finding that the insurer's conduct did not result in a waiver of its right to subpoena the appraisal. The First DCA reversed, holding that the insurer did not invoke the right to appraisal in the first instance. Instead, the insurer actively participated in the litigation, which waived its right to appraisal. To read the full opinion, click HERE.

Issue no. 6D23-1192, 2023 WL3910577 (DCA 6, June 9, 2023), the Sixth DCA reversed the denial of an insurer's motion to compel appraisal in an auto glass case. After an assignment of benefits, At Home Auto Glass, LLC filed suit against First Acceptance Insurance Company after it issued payment based on the prevailing competitive price. The insurer invoked the appraisal clause of the policy. However, agreeing with At Home's interpretation of the terms "loss" and "amount of loss" as limited to physical injury, the trial court denied the insurer's motion to compel appraisal.

The Sixth DCA found that At Home's interpretation of the term “amount of loss” as limited to the extent of physical injury was unreasonable. Agreeing with the Fifth DCA at

348 So. 3d 641 (Fla. 5th DCA 2022), the court held that the determination of "amount of loss" necessarily includes both the extent of the covered damage and the monetary amount necessary to repair or replace the damaged property. See the full review HERE.

Winston & Strawn

Congratulations to Jonathan Aihie, from our Miami office, for being selected for inclusion in the National Black Lawyers 40 Under 40 list. This is an invitation-only organization of attorneys recognized for their superior qualifications, legal results and professional leadership. Each year, only 40 attorneys from each state are selected for inclusion. To learn more, visit: http://www.nbltop100.org/.

(Fla. 5th DCA, June 2, 2023), the trial court granted summary judgment against an insured finding that the insured waived suing her insurer for breach of contract by signing an assignment of benefits to the contractor for services performed by the contractor. The Fifth DCA reversed holding that because the award of benefits was related to work the contractor was required to perform—and the contractor performed no work—the insured had standing to seek enforcement of her insurance policy. To read more, please click the link below.

The paralegal program is led by Jennifer Remy-Estorino and Nicole Wulwick from our Miami office and Maegan Bridwell from our Tampa office. They focus on recruiting highly motivated law students with high academic credentials to be paired with a mentor who provides opportunities for hands-on experiences alongside shareholders and associates. The goal of the program is to empower students to develop skills that will be critical in the transition from the classroom to the courtroom. The experiences they gain will serve as a cornerstone for their careers, hopefully here with the KD family.

Houston Admiralty Appeals: Appellate Representation By Maritime Law Attorneys

Successful summer clerks are considered for associate positions upon graduation and admission to the bar. For more information about our program, please contact scho@.

Partial Resolution + Execution = Departure From The Essential Requirements Of The Law

Pictured below from left to right, we welcome: Ylena Zamora-Vargas, Chloe Buikus, Alexia Planos, Reginald Merilus, Alexa Ravencroft, Blake Paradise, Michael Del Duca, Amanda Souto, James White, Matthew Carbone, Connor Frontera, Sierra Luther, Emily Ramirez, Jen Deters, Caleb Liberman and John Shirley.

Generations of immigrants have helped build our country, including millions of Caribbean Americans, who have contributed vibrant cultures, traditions, languages ​​and values.

In recognition of National Caribbean American Heritage Month, we honor the many members of our Caribbean American team and the countless ways that Caribbean Americans have added to our society. Together, we continue to create our future.

Please join us in congratulating Fabiola Meo, who recently passed the Florida bar exam and became our newest associate! We salute her remarkable achievement and look forward to more great things from her!

Mcglinchey Adds 3 Maritime Lawyers In New Orleans

Karenny Montan, Nicole Wulwick, Samantha Joseph, Caryn Bellus and Ana Martino recently attended the 43rd Florida Association of Women Lawyers (MDFAWL) Installation and Awards Reception in Miami Dade. The event honored women in the field who have paved the way

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Maritime Attorney