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Posts made in April, 2013

Teen Fatal Accident Data Shows Encouraging Signs

Posted by on Apr 10, 2013 in Motor vehicle accidents

Teen Fatal Accident Data Shows Encouraging Signs

A new study jointly conducted by State Farm Insurance and the Children’s Hospital of Philadelphia provides encouraging news about teen passenger behaviors.  Nevertheless, more needs to be done to decrease the number of teenage wrongful deaths associated with Florida car crashes. Check out this video for more details: If you have any questions regarding a Florida car accident involving teenage drivers or passengers, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Why The Insurance Company Isn’t Offering More For Your Broken Bones

Posted by on Apr 9, 2013 in Uncategorized

Why The Insurance Company Isn’t Offering More For Your Broken Bones

Many of our potential clients are surprised when we tell them that the broken arm or leg they received in their car accident is not worth much settlement value in the opposing insurance company’s opinion.  Here’s part of the reason why: If you have any questions regarding the value of a broken or fractured bone following an accident, and particularly following a Florida car accident, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Chaos Surrounding Insurance Coverage For Assaults, Batteries, and Liquor Liability For Florida Bars

Posted by on Apr 8, 2013 in Negligent Security

Chaos Surrounding Insurance Coverage For Assaults, Batteries, and Liquor Liability For Florida Bars

If you were innocently assaulted, stabbed, or even shot at a Florida nightclub, bar, or restaurant, would you expect that the owner of the business would have insurance to help you pay your medical bills or damages? You might be surprised to learn that many – if not most – restaurants, bars, and nightclubs in Florida, do not carry proper insurance to response to such negligent security claims.  And many of these businesses do not even know it. Many commercial general liability insurance policies contain exclusions that negate insurance coverage for losses related to assaults, batteries, or any liabilities related to alcohol consumption in any way.  These exclusions have been interpreted very broadly by courts so as to give insurance companies a lot of protection, but they leave businesses sometimes helplessly directly exposed to injury or wrongful death claims. Insurance agents rarely bring these exclusions to the attention of their commercial insurance clients, and many agents and insurance companies will not offer or include alcohol liability or assault and battery coverage for a business unless it is specifically requested. To make matters more confusing, there is little uniformity in these types of coverage, so the business owner rarely knows exactly what he is purchasing, even when he specifically asks for it. For example, some liquor liability policies feature declining limits provisions that reduce the available insurance limits by the amount of attorneys’ fees incurred in the defending the claim. In a case involving sustained litigation, a bar owner might find there is little or no insurance money left at the end of the case to compensate the injury victim. Another potentially problematic area concerns coverage for off-premises activities. For example, if a restaurant or bar participates in a festival or “Taste Of…” event off of its normal premises, liquor liability coverage might not apply. If you are injured in a fight or similar event, or injured as a result of the service or providing of alcohol at a bar or restaurant, securing a copy of the business’ insurance policy will be critical to understanding your options.  At the same time, if you are business owner that faces a claim arising our of alcohol consumption or an assault or battery, and your insurance company is trying to avoid covering you, you may want to consult with an attorney to find out what rights you may have. If you have questions regarding a potential claim against a Florida restaurant, bar, or nightclub, call Winter Park personal injury attorneys Kim Cullen or Robert Hemphill at...

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