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Articles Posted in Insurance Law

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Jeffrey P. Gale, P.A. // Dealing With Defendant’s Formal Bankruptcy Proceedings During Pending Personal Injury Case

Every citizen of this state should know that the only thing compelling personal injury liability insurance companies to voluntarily pay claims is the threat of being sued for bad faith. Liability insurance companies have a legal obligation to act in the best interests of their insureds. Boston Old Colony Ins.…

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Jeffrey P. Gale, P.A. // Licensed Massage Therapists Not Entitled to PIP Payments

Personal Injury Protection (PIP) is mandatory insurance coverage for Florida motor vehicle owners. It covers a limited amount of medical expenses and lost wages, typically $10,000 total. The PIP statute,  s. 627.736, is particular as to which types of medical providers may seek reimbursement. In Geico General Insurance Co. v.…

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Jeffrey P. Gale, P.A. // Threat to Florida Motor Vehicle Insurance Coverage Rights

I have written many times before that maintaining Uninsured Motorist (UM)/Underinsured Motorist (UIM) coverage is an important way of providing a level of protection to self and others from the negative consequences of a serious motor vehicle accident. The coverage is outlined in Section 627.727, Florida Statutes. To the extent…

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Jeffrey P. Gale, P.A. // Resolving Health and Disability Insurance Liens in Personal Injury Cases Under Florida Statute 768.76

It is common for medical bills incurred in Florida personal injury cases to be paid by health insurance. Some people injured in accidents also receive private disability insurance benefits. Most health and disability insurance policies afford insurance carriers subrogation or reimbursement rights against the insured who has recovered all or…

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Jeffrey P. Gale, P.A. // Permanent Injury Not Required if Tortfeasor Does Not Have Insurance Policy Complying With Florida PIP Law

Florida is one of only a handful of states that operates under a No-Fault system for paying medical expenses incurred in connection with motor vehicle accidents. Florida’s No-Fault Law, commonly referred to as “PIP” (personally injury protection, is contained in sections 627-730-627.7405 of the Florida Statutes. There is a dollar…

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Jeffrey P. Gale, P.A. // Liability of Bailor for Personal Injury Damages

We are representing a gentleman who was struck by a pickup truck just before sunrise while walking to a bus stop on his way to work. The driver turned quickly without warning from a main road onto a small side street while our client was halfway across after looking both…

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Jeffrey P. Gale, P.A. // Post-Settlement/Post-Judgment Payment of Medical Expenses by Health Insurance

Once a case involving personal injuries has been settled or resolved by the payment of a final judgment, the injured party will receive no more money from the closed matter to cover any later incurred expenses such as those for medical care. This rule applies in both civil and workers’…

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Jeffrey P. Gale, P.A. // Florida PIP Reimbursement Allowed Against Owner or Insurer of the Owner of a Commercial Motor Vehicle

Personal Injury Protection (PIP), or “No-Fault,” is a type of Florida motor vehicle insurance available to a “named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Immunity and the Dangerous Instrumentality Doctrine

With few exceptions, section 440.11, Florida Statutes grants immunity from tort liability to employers and the co-employees of Florida workers injured in the course and scope of their employment. In most cases, the doctrine precludes relief outside of the workers’ compensation system. Florida’s dangerous instrumentality doctrine is a common law doctrine which provides that the owner…

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Jeffrey P. Gale, P.A. // Avoiding the PIP Setoff/Offset in Florida Vehicle Crash Cases

Florida Motor Vehicle No-Fault insurance (“Personal Injury Protection” or “PIP”) is a form of medical insurance used for motor vehicle crashes. It is mandatory on vehicles registered in Florida. It covers owners, certain family members and passengers, and pedestrians. The typical policy limit is $10,000 reduced by deductibles ranging from $500 to $2,000. PIP does not compensate the…

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