Boyd & Jenerette Shareholder Ben Samuels is presenting at the IARP Northeast Florida Disability Management Forum April 30, 2014 in Jacksonville, FL.
The Forum will take place from 8:00am-3:45pm at Brooks Rehabilition Hospital and provide 5 hours of CEU credits for CRC, RN, CCM, NCM and Adjusters.
Click here for registration information.
Four Boyd & Jenerette attorneys have been recognized by Jacksonville Magazine as part of the publication's annual feature on lawyers in Northeast Florida as determined by The Best Lawyers in America and The Florida Bar. The following attorneys are included in the April 2014 Jacksonville Magazine Best Lawyers listing:
- Mark K. Eckels, Workers’ Compensation Law - Employers
- Kristen M. Van der Linde, Insurance Law & Personal Injury Litigation - Defendants
These attorneys were selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
The following attorneys are included in the April 2014 Jacksonville Magazine board certified attorneys listing:
- Kristen M. Van der Linde, Civil Trial
- Mark K. Eckels, Workers' Compensation
- Blake J. Hood, Workers' Compensation
- Elizabeth B. Howard, Construction Law
The Florida Bar board certification is the highest level of evaluation of competency and experience in one or more of 24 certification fields, as well as professionalism and ethics in practice. Presently, only about seven percent of eligible Florida Bar members are board certified.
What Must be Pled Where the Insured Refuses to Submit to a CME?
In State Farm Mut. Auto. Ins. Co. v. Curran, SC12-157 (Fla. 2014), the Florida Supreme Court recently held that if an insured refuses to submit to a Compulsory Medical Examination, or otherwise breaches the CME provision in a policy, the insured is still entitled to coverage unless the UM carrier pleads and proves actual prejudice.
In the UM context, a CME is a post-loss obligation of the insured. It is not a condition precedent to filing suit or triggering coverage. Thus, where the insured breaches the CME provision, the insured does not automatically forfeit insurance coverage.
Rather, where an insured fails to comply with the CME provision, the UM carrier must not only plead as an affirmative defense that the insured is not entitled to coverage as a result of the breach, but must also plead within that affirmative defense that it was prejudiced by the breach. The UM carrier then bears the burden of proving that prejudice. This is so regardless of the policy language.
From an appellate standpoint, it is imperative that carriers properly assert both aspects of this affirmative defense. If they do not, an appellate court may find that the issue is not preserved for appeal and that the carrier waived this defense.
If you have any questions about an insured’s breach of a CME provision and what a carrier must plead and prove, please feel free to contact us at any time.
Click here to view PDF
Boyd & Jenerette welcomes Associate, Jonathan M. Sang to the Firm. His practice focuses primarily on civil appeals, insurance coverage and bad faith/extra-contractual liability litigation. Prior to joining Boyd & Jenerette, Mr. Sang served as a law clerk for the Honorable Carole Y. Taylor at Florida’s Fourth District Court of Appeal.
Mr. Sang graduated magna cum laude from the University of Florida’s Levin College of Law in 2010. While in law school he had the opportunity to intern for the Office of the State attorney for the Eighth Judicial Circuit and for the Law Office of Lloyd L. Vipperman Jr. in Gainesville, FL.
Ms. Anderson will be presenting "Bad Faith Update - Emerging Issues & Current Laws" at the Jacksonville Claims Association's March Dinner Meeting at the Deer Creek Golf & Country Club.
Ms. Anderson's presentation will be available for 1hr of continuing education credit for adjusters.
For more information click here.
Boyd & Jenerette welcomes associate Patrick D. Hinchey to the Firm's construction department.
Patrick joins Boyd & Jenerette from the law firm of Vernis & Bowling, P.A. Mr. Hinchey’s practice includes civil and commercial litigation, construction defect litigation and construction law throughout Florida. He also has extensive experience in automobile liability, coverage matters, insurance fraud, appellate practice and insurance defense.
Patrick graduated cum laude from Florida Coastal School of Law in 2007. While in law school Patrick’s academic honors and memberships included earning Dean’s Honors, serving as a legislator on the Student Bar Association, and serving as a Justice on the Honor Court. Patrick also served as a teaching assistant and worked as a research assistant for two professors. During Law school Patrick had the opportunity to work as an intern to Chief Judge Browning at the First District Court of Appeal in Tallahassee, FL.
Boyd & Jenerette's Board Certified Construction Partner, Elizabeth Howard is presenting "Theories of Recovery and Causes of Action" at The Florida Bar's Advanced Construction Law Certification Review Course.
The Florida Bar CLE course will take place March 20-22, 2014 at Rosen Shingle Creek in Orlando, FL.
Click here for more information.
Board Certified Workers' Compensation Partner, Blake Hood discusses compensability in workers' compensation claims in the article "A Cautionary Note: Unexplained Falls at Work" on Sterling Educational Services Legal Education Blog.
The starting point for all claims under Florida's Workers' Compensation Act is addressing the issue of compensability. For a claim to be compensable the accidental injury must have occurred in the course and scope employment and the work must be the major contributing cause of the accident or injury.
Injuries resulting from unexplained falls, or any unexplained accident for that matter, raise the question of who bears the burden of proof regarding compensability. In a line of recent cases lead by Caputo v. ABC Fine Wine & Spirits, 93 So. 3d 1097 (Fla. 1st DCA 2012), rehearing denied (Aug. 14, 2012), the First District Court of Appeal has provided useful guidance in analyzing these cases.
Click here to view full article.
Boyd & Jenerette proudly announces that Andrew Abramovich has been elected Partner.
Abramovich focuses his practice on insurance coverage and bad faith/extra-contractual liability litigation, complex civil litigation, commercial litigation, and appeals. He represents insurers, other businesses and individuals in all stages of litigation, including trial, before state and federal courts throughout Florida, and he advises insurers about insurance coverage, good-faith claims handling, regulatory compliance, investigations, insurance fraud and other matters.
Abramovich is fluent in Spanish and frequently represents Spanish-speaking clients, handles matters involving Spanish-speaking witnesses and counterparties, and prepares legal documents in Spanish. He was selected for inclusion in the 2013 Florida Super Lawyers – Rising Stars list, and he previously served as president of the Jacksonville Association of Defense Counsel and the Hispanic Bar Association of Northeast Florida.
Before joining Boyd & Jenerette, P.A. in 2007, Abramovich earned his J.D. from the Stetson University College of Law and his B.A. from the University of Florida.