Understanding Florida Wrongful Death Claims

Wrongful death claims in the state of Florida are classified as those deaths which are directly related to someone’s negligence or a deliberate action that led up to the death. Wrongful death claims must be filed within two years in order to stay in compliance with the statutes of limitations. In all cases, wrongful death claims are considered civil litigation and have a different burden of proof than a criminal trial. Continue reading “Understanding Florida Wrongful Death Claims”

Motorcycle accident victims often suffer at the hands of insurers


According to “Ride Smart Florida” there are more than 600,000 registered motorcycles across the state of Florida. Unfortunately, statistics also show that during 2012, there were more than 9,000 accidents involving motorcycles. When you combine the speed of a motorcycle with the lack of protection offered to drivers and passengers, it comes as little surprise when serious injuries or death occur after a motorcycle accident. Continue reading “Motorcycle accident victims often suffer at the hands of insurers”

When your insurer lets you down

If you are like most homeowners, you have paid your insurance premium monthly for as long as you’ve had your home. Then comes the day when you need to file a claim and your insurance company does everything in their power to avoid paying that claim. Not only are you out the money from the claim, but you now have had to spend endless amounts of time fighting for them to do what’s right. Instead of battling one-on-one with your insurance company, consider contacting the Law Office of Eric H. Luckman, PA. My practice is devoted to helping people just like you come out on the right side of these types of disputes. Continue reading “When your insurer lets you down”

New Florida Bad Faith Insurance Decision

Residents in Palm Beach, Miami, and throughout southern Florida count on their insurance providers to be there when they need them. The entire purpose of paying premiums into an insurance policy is to provide peace of mind, knowing that necessary support will be provided in case some unexpected or harmful event occurs. In this way, policyholders place significant trust in their insurance companies, counting on them to act reasonably to abide by the terms of the policies in a timely, fair manner. Continue reading “New Florida Bad Faith Insurance Decision”

“Stranger Liability” For Insurance Providers

Our Palm Beach insurance claim attorneys noticed a recent interesting insurance law case. The suit, Hull & Co. v. Superior Court, involves “stranger liability,” in other words whether a victim can sue the insurance broker who provided insurance to a business establishment, even though that victim has no direct contract with the insurance broker. nightclub.jpg

The Facts

The background of the case is as follows: Jason Gonzaga was shot at a Dave & Busters bar. Mr. Gonzaga sued the bar and also their security company, claiming that they failed to prevent the shooting incident. He settled that case, but then filed another case against the security company’s insurance provider, Burlington, claiming that they had denied the security company’s claim in bad faith under the assault and battery exclusion. Continue reading ““Stranger Liability” For Insurance Providers”

Driverless Cars and the Future of Auto insurance

Florida residents are often at the forefront of technology advancements. For example, just this week reports were released explaining how driverless cars–referred to by engineers as ‘Autonomous Vehicles”–were being tested in Florida. This makes it one of of three states where these revolutionary products are being explored. Google has been working on prototypes for this kind of car, but the earliest manufacture date is 2015, if not later. There is still a lot of work to be done before they are commercially viable.
Liability Risks

While machine-controlled driving may revolutionize travel, it also reaises serious questions about potential liability for accidents and auto insurance coverage for the consequences of those potential accidents. This will add a layer of complexity to car insurance in the future, if and when these driverless cars become common on our roads.

One of the questions that will have to be addressed is if there is a car accident and someone is injured, who will be liable- the owner of the car (who was not driving) or the manufacturer of the car? On the other hand, if these driverless cars prove to be an improvement in safety, as proponents claim, then car insurance premiums could go down for everyone as fewer accidents occur.

Robert Passmore, senior director of personal lines policy Property Casualty Insurers Association of America, went so far as to say that there are those who believe the driverless car could mean the end of auto accidents, translating into the end of auto insurance. It is difficult to imagine that these new cars will have a perfect performance record 100 percent of the time, however.

Additionally, there will still be risks with manually driven cars. Legislation in Florida, where these vehicles have been approved require the cars to have a licensed operator and the ability to override the computer driving program. This means that truly driverless cars are even further in the future. Plus these cars are likely to be expensive, especially at first, and owners will still need insurance to protect from theft or property damage.
However, it does seem clear that this is an area of insurance law in California that should be followed closely in the coming years, as technology evolves and our insurance laws must change with it.
San Francisco Insurance Attorneys
Regardless of new technological innovations, insurance companies will still be both necessary and a risk to consumers in their quest for more and more profits. If you are having a problem with your insurance, on property old fashioned or high tech, contact an experienced Palm Beach insurance lawyer in your area today.

$6 Million Anthem Blue Cross Insurance Settlement

Recently, there has been another settlement in a case against an insurance company in California about unfair insurance practices. According to news sources, last month the current Los Angeles city attorney, Mike Feuer, announced a settlement of $6 million from Anthem Blue Cross, although the company still hasn’t admitted any fault in the matter. Before the settlement, the case was in Los Angeles Superior Court as People v. WellPoint, Inc. et al., WellPoint being Anthem’s parent company. Continue reading “$6 Million Anthem Blue Cross Insurance Settlement”

Insurance Companies in False Advertising and Bad Faith Lawsuit

Our Palm Beach insurance lawyers followed with interest a recent case heard by a state Supreme Court- Zheng v. Superior Court of San Bernadino County. The case was heard on May 8 and is about whether insurance policyholders can use the Unfair Competition Law to hold insurance companies liable for false advertising. Continue reading “Insurance Companies in False Advertising and Bad Faith Lawsuit”