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Posts by Kim Cullen

Even Rock Stars Are Not Immune From Insurance Denials

Posted by on Jun 29, 2016 in Insurance Disputes, Recent News

The rock band Foo Fighters has apparently had to sue an insurance company, Lloyd’s of London, over the cancellation of several concert dates in Europe last summer – according to an article by InsuranceJournal.com. The band cancelled dates in Paris shortly after the deadly terrorist attacks there. The band was scheduled to play, but was the victim of what appeared to be very serious threats from ISIL, the Middle Eastern terrorist organization. According to the lawsuit file in California, Lloyd’s of London has refused to pay. In Florida, such a lawsuit against an insurance company is typically called a Declaratory Action. Such a lawsuit would lay out why the insured believes he is entitled to insurance coverage, and would ask a judge to declare that there is, in fact, insurance coverage for a particular loss. In Florida, under most circumstances, if an insurance company is made to admit coverage and pay a claim as the result of a Declaratory Action, the insurance company came be made to pay all of the insured’s reasonable attorneys’ fees and court costs. This kind of “fee reversal” penalty is supposed to encourage insurance companies to pay legitimate claims, and to discourage coverage denials and delays. Unfortunately, this doesn’t always work. Our law firm continues to receive calls virtually every day from Florida consumers who have been unfairly denied coverage by insurance companies. If an insurance company is willing to deny coverage to a world-famous rock band like Foo Fighters — an organization that obviously has the financial might and wherewithal to fight such a denial through the legal process — is it any surprise that an insurance company would deny coverage to an average customer? Our firm handles cases involving insurance denials. If you have any questions about a Florida insurance dispute, please call Winter Park Attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or visit their main website at www.cullen-hemphill.com for more...

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ALERT: You Could Be Victim Of Violence In Apartments Near UCF

Posted by on Jan 28, 2016 in Negligent Security

ALERT: You Could Be Victim Of Violence In Apartments Near UCF

Unfortunately, it seems like every week these days we learn about another violent attack at an apartment complex near the University of Central Florida (UCF.)  This week was no exception. According to the OrlandoSentinel.com website, an unidentified man was shot in the back when he was approached by a gunman in the parking lot of the Marquee Apartments located across the street from UCF.  Apparently the man robbed the victim, and shot him as he was trying to leave.  Unfortunately, the Marquee Apartments have been the scene of several violent crimes in recent times. Our thoughts and prayers obviously go out to the victim of the shooting.  Nobody parks their car in a commercial parking lot in a college area and expects to be the victim of violence in apartments near UCF – and nobody should.  With all of the reported violent crimes in the area around UCF, one would think that the businesses in that area would be taking a serious look at security and making improvements. All businesses owe their patrons a duty to provide reasonable security under the circumstances.  If an area is particularly violent or crime-ridden, security measures will need to be heightened.  Many times this will mean that a business needs to employ additional security officers.  Sometimes it may mean installing gates, doors, or security cameras. It would be interesting to learn what the Marquee Apartment was doing in terms of security.  When the owners see their apartment complex named in multiple stories about violent crime over series of weeks or month, it would seem like they might be taking extraordinary measures to prove to the public that their complex is safe.  It clearly seems like they still have some work to do. If you have any questions regarding a violent attack at an apartment complex or any business or commercial enterprise, or if you want to learn about any aspect of a Florida negligent security case, please call Winter Park personal injury/wrongful death attorneys Kim Cullen and Robert Hemphill at 407-254-4901 or visit our website at...

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Ignoring “Red Flags” Of Child Sex Abuse Fails Kids

Posted by on Jan 27, 2016 in Child Sexual Abuse

Ignoring “Red Flags” Of Child Sex Abuse Fails Kids

Organizations that serve children have no choice but to pay attention to “red flags” that suggest than an adult is sexually abusing a child.  Nevertheless, we continue to learn about organizations that have every reason to believe that an adult is harming a child, but does nothing more than ask the adult to stop or issue a warning to the adult.  This has to stop.  The price it just too high. As a Florida child sex abuse attorney, I was very disappointed to read a story on the WFTV website about a former Apopka Elementary School teacher who was recently arrested for allegedly inappropriately touching one of his former students. Once the police received the report from this recent victim, the began investigating the teacher’s personnel file.  The file showed that the teacher had been accused in the past of having students sit in his lap in class, and for being very “touchy” with the children in his class.  Apparently, the teacher was warned, but nothing more. We don’t know the timing of the abuse of the victim that came forward recently, but if it was following the “red flags” the school received, then this situation represents a horrible failure on the part of Apopka Elementary School.  It seems pretty clear that the school should have terminated this teacher as soon as the lap-sitting and touching allegations were substantiated.  As I wrote earlier, the stakes are too high to do otherwise. I certainly hope the victim who had the courage to report this accused molester to police is receiving the mental health and emotional care and therapy he needs. If you have any questions regarding allegations of any adult committing an act of child sex abuse, call Winter Park attorneys Kim Cullen and Robert Hemphill at 407-254-4901 or visit http://cullen-hemphill.com.  Consultations are always free and without...

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