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Posts Tagged "insurance"

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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Lottery-Winning Florida Child Sex Abuser Seeks To Avoid Paying Victims

Posted by on Feb 17, 2015 in Child Sexual Abuse

Lottery-Winning Florida Child Sex Abuser Seeks To Avoid Paying Victims

I started seeing headlines about this story a few weeks ago.  Here is the latest from www.clickorlando.com.  The story involves Timothy Dale Poole, a man who pleaded guilty in the late 1990’s to sexually abusing two boys, aged 5 and 9 years old.  The moral to the story has to do with the importance of insurance, but I’ll get to that later. As luck would have it (pardon the pun), a couple of months ago, Mr. Poole won a $3 million lottery jackpot from the Florida Lottery.  The two child victims (now adults) saw the news of Mr. Poole’s winning and sued him for money damages.  They immediately asked the judge assigned to their case to freeze Mr. Poole’s assets, for fear that he would spend or hide the money from them once they secured an eventual Judgment against him (after all, he has already pleaded guilty to abusing them.)  Last week, the judge denied the victims’ motion – as he should have under Florida law. It will be interesting to learn what happens next.  I certainly wish the victims the best in their efforts to finally secure justice against Mr. Poole. If anything, this story serves as a great illustration for why it is so beneficial to have insurance involved in any child sexual abuse case.  Regardless of the supposed financial wherewithal of any accused child sexual abuser, and regardless of how good the facts regarding liability are, there is simply no way to protect against the wasting of assets — unless insurance is involved.  This normally — but not always — means that some kind of responsible entity was supposed to be supervising the abuser. If you have any questions regarding a Florida child sexual abuse case call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Did Placement Of Bus Stop Cause Osceola Pedestrian Versus Car Accident?

Posted by on Feb 3, 2015 in Motor vehicle accidents

Did Placement Of Bus Stop Cause Osceola Pedestrian Versus Car Accident?

A 12-year old boy was seriously injured in Osceola County a few days ago when he was struck by a car while crossing busy Partin Settlement Road on the way to his bus stop.  Apparently the boy was crossing the road to catch his school bus at his bus stop on Partin Settlement Road when a car behind the slowing bus tried to pass it, and collided with him.  According to the Orlando Sentinel, young Caleb Burgos is still in critical condition in the Arnold Palmer Hospital for Children. The story of Caleb’s accident would likely be interesting and instructive enough to blog about on its own.  After all, the offending driver apparently attempted to use as his excuse the fact that the bus’ stop bar had not fully deployed when he tried to pass the bus — never mind that the bus was almost fully stopped and had it flashing lights and flaps turned on. School buses have flashing lights and flaps for a reason — to alert all drivers on the road that the bus is about to stop, and that they need to be on the lookout for kids in the area. However, the story got more interesting to me, as a Florida personal injury attorney, when I saw a piece on the WESH.com website a day or so later indicating the Osceola County School Board had ordered that the location of Caleb’s bus stop be changed following his accident. Apparently parents had been complaining for some time about the location of the bus stop, and about safety concerns they had.  It wasn’t until a child was critically injured that the School Board did anything about it. Typically, decisions by school boards about things like bus stop locations are protected from liability by Florida law.  However, in a situation like this one, where the location of the bus stop almost amounts to an admission that it was poorly selected in the first place, I wonder if Osceola County Schools could also be held liable for Caleb’s injuries.  After all, Partin Settlement Road didn’t just get busy yesterday.  We are going to keep our fingers crossed for Caleb and his family. Cases against government entities are always tricky.  Not only are damaged capped by law, but cases against any governmental entity feature specific deadlines and notice requirements that do not exist in non-government cases. If you have any questions regarding a personal injury case involving a governmental entity, or any kind of pedestrian versus car accident, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407–254–4901.  Consultations and always FREE and without...

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