In 2021, the Fourth District Court of Appeal issued an opinion in an exhaustion case, asserting an amount of underpaid interest the Court considered de minimis. In Precision Diagnostic Inc. v. Progressive American Insurance Company, 330 So.3d 32 (Fla. 4th DCA 2021), Defendant paid the amount it believed was due within the 30-day time limit…

Judge Patrick Murphey took a hardline approach to DCFS’ inability to create or find proper placements for youth in foster care by issuing countless orders throughout 2022 that held Director Marc Smith in contempt of court.  The basis for the twelfth contempt of court order involved a 15-year-old girl who was cleared to be released…

The aggressive defense efforts of Kelley Kronenberg Partner, Jake Huxtable and Practice Group Partner, Emma Meyerson, culminating in a two-hour evidentiary hearing on Defendant’s Motion to Dismiss, resulted in the Court dismissing the entire case with prejudice for fraud on the Court. The Honorable Maxine Cheesman of the Palm Beach County Circuit Court presided.…

Kelley Kronenberg General Liability Partner, Dominick Tamarazzo, assisted by Practice Group Partner, Cesar Pineda, secured a complete defense verdict following a five-day jury trial held in Florida’s Nineteenth Circuit Court.   
In this case, a customer alleged a slip and fall at a Cumberland Farms gas station located in Indian County. After the customer…

Kelley Kronenberg First-Party Property Partner, Kurt Ciell, continued his success against repeat plaintiff, The Kidwell Group, obtaining another Summary Judgment based on an invalid AOB (Assignment of Benefits) and lack of standing. The honorable Judge Eric Leontiev presided over this Lee County, Florida case.  
Plaintiff filed a breach of contract lawsuit to recover $3,000.00…

I recently reviewed a case where there was an ARNP reduction, and it prompted a fresh review of the law in this area of PIP litigation.   
What is an ARNP/PA Reduction? 
The Centers for Medicare and Medicaid Services provides for a reduction of 15% when medical services and care, as identified in Florida Statutes §627.736,…

Kelley Kronenberg’s First-Party Property team of Attorney, Marisa Hershiser, and Partner, Derek Goldsmith prevailed on Defendant’s Motion for Summary Judgment, securing favorable rulings on all three grounds raised therein. The Honorable Corey Cawthon presided.  
The insured filed a claim related to damages allegedly resulting from Hurricane Irma, on September 10, 2017. On or…