William Fawcett

My thanks to The Florida Bar and the ASSOCIATION OF WORKERS COMPENSATION CLAIMS PROFESSIONALS INC for another fantastic FLORIDA WORKERS COMPENSATION FORUM! Cattie & Gonzalez, PLLC is proud to once again be a sponsor of this great event, allowing us the opportunity to speak to hundreds of work comp professionals about the latest on #medicaresecondarypayer compliance, including #mandatoryreporting, #conditionalpayments, and #setasideallocations. #rafaelgonzalezesq #cattiegonzalezpllc #ahigherstandardinmspcompliance

7

My thanks to The Florida Bar and the ASSOCIATION OF WORKERS COMPENSATION CLAIMS PROFESSIONALS INC for another fantastic FLORIDA WORKERS COMPENSATION FORUM! Cattie & Gonzalez, PLLC is proud to once again be a sponsor of this great event, allowing us the opportunity to speak to hundreds of work comp professionals about the latest on #medicaresecondarypayer compliance, including #mandatoryreporting, #conditionalpayments, and #setasideallocations. #rafaelgonzalezesq #cattiegonzalezpllc #ahigherstandardinmspcompliance

16

1 Comment

My thanks to The Florida Bar and the ASSOCIATION OF WORKERS COMPENSATION CLAIMS PROFESSIONALS INC for another fantastic FLORIDA WORKERS COMPENSATION FORUM! Cattie & Gonzalez, PLLC is proud to once again be a sponsor of this great event, allowing us the opportunity to speak to hundreds of work comp professionals about the latest on #medicaresecondarypayer compliance, including #mandatoryreporting, #conditionalpayments, and #setasideallocations. #rafaelgonzalezesq #cattiegonzalezpllc #ahigherstandardinmspcompliance

1

My thanks to The Florida Bar and the ASSOCIATION OF WORKERS COMPENSATION CLAIMS PROFESSIONALS INC for another fantastic FLORIDA WORKERS COMPENSATION FORUM! Cattie & Gonzalez, PLLC is proud to once again be a sponsor of this great event, allowing us the opportunity to speak to hundreds of work comp professionals about the latest on #medicaresecondarypayer compliance, including #mandatoryreporting, #conditionalpayments, and #setasideallocations. #rafaelgonzalezesq #cattiegonzalezpllc #ahigherstandardinmspcompliance

35

What is the impact of the recent ruling in National Union Fire Insurance Co of Pittsburgh PA v. RealPage Inc. for policyholders suffering cyber-crime losses? HNRK insurance recovery partner Bradley Nash spoke with Law360 Insurance Authority to discuss this win for policyholders. Read his full thoughts here: https://lnkd.in/eXFg4Kk7.    #InsuranceRecovery #InsuranceCoverage #Cyber #Insurance #Policyholders

26

1 Comment

💡 Bad Faith and Punitive Damages: A Case of Missed Communication 💡 A recent Florida appellate decision in Safeco Insurance Co. of Illinois v. Heikka underscores the high stakes of insurance bad faith claims and the importance of precise communication in claims handling. The Fourth District Court of Appeal upheld a $1.17M compensatory damages award against Safeco, finding the insurer failed to adequately protect its insured from exposure to punitive damages. What went wrong? The court ruled that Safeco acted in bad faith by not advising its insured of the risks of a settlement that excluded punitive damages. Safeco failed to clarify the terms of a release agreement and neglected to explain the insured’s options for mitigating risk. This case highlights a critical lesson from Harvey v. GEICO: An insurer must act with the same diligence and precision as if it were in the insured’s shoes. Here, Safeco's missteps left the insured vulnerable, and the court found their actions did not meet the standard of care required under Florida law. 🔍 Key Takeaways:1️⃣ An insurer should explain settlement risks and options to its insured. 2️⃣ Any ambiguity in settlement terms can lead to costly litigation and judgments. 3️⃣ Bad faith claims hinge on whether the insurer acted as if it were defending itself. Accepting coverage or settling a case does not end the difficult coverage questions insurers face as they navigate communications and settlement terms, where easy-to-overlook missteps can lead to bad faith exposure.  #TittmannWeix #TW #EffectiveCreativeResponsive #BetterClientService #insurance #insurancelaw #insurancecoverage 

20

One of the potential coverage disputes that could arise from named storms and have been the subject of litigation, is sewer backup and the causal connection to flooding from the storm. A New Jersey federal court decision this summer (G.E.M.S. Partners LLC v. AmGUARD Ins. Co., — F.Supp. 3d —, No. CV 22-1664, 2024 WL 3568932 (D.N.J. July 29, 2024)) can shed some light on the importance of how flooding is defined in a policy and the application of a flood exclusion when it is related to a sewer backup claim. The insured in this case suffered property damage due to leakage from plumbing fixtures. Intense rainfall from Hurricane Ida overwhelmed the city's drainage system and the carrier took the position that the cause was flooding and therefore, the flood exclusion would apply, notwithstanding the affirmative grant of coverage for sewer backup. The court ruled in favor of the insured by distinguishing this case from another one involving a similar suit in which the insurer prevailed. The distinction lay in the definition of flood. One policy included "the accumulation of surface water, ... [or the] overflow of streams or other bodies of water" in the definition of flood whereas the other policy defined it as the "overflow of surface water, waves, tides, tidal waves, streams, or other bodies of water." Since the latter only defined it as an overflow of a body of water (and did not include accumulation of surface water), the court separated and distinguished it from an overflow of a sewer system. If an insured encounters a denial for sewer backup due to a flood exclusion, particularly in the most recent storms, it's good to be aware of some of the case law that could support an argument in favor of coverage.

32

4 Comments

In Connecticut, determining liability in a multi-vehicle accident involves complex considerations due to the intricate nature of these crashes and the state’s specific legal framework. Connecticut does not adhere to a no-fault insurance system; instead, injured accident victims can seek compensation directly from the parties deemed at fault. This necessitates a thorough analysis. https://lnkd.in/eq3CHF4d

1

I shared in Central Insurance's panel counsel meeting that Central has multiple definitions of what "winning" means in terms of the ultimate outcome in #insuranceclaims. From my limited perspective, #insurancedefense #attorneys and #triallawyers have a far to monolithic view of what "winning" means. For example, we recently settled a #generalliabilityclaim that Central wanted to take to a #jurytrial but we felt that our #defensecounsel had lost faith in our position because we wouldn't get a #defenseverdict. We ended up settling for more than what we thought the fair value of the claim was worth given we had 30 days before trial and we couldn't bring in last minute trial counsel. For us, keeping the verdict below $_______ was an all-out win for us. No one in our claims leadership thought we would get a zero dollar verdict. This taught me an important lesson on having greater alignment in communicating to our #panelcounsel what "winning" means to Central.

57

6 Comments

Legal system abuse is a growing concern for businesses, leading to increased costs and reputational damage. Marsh McLennan Agency explores the underlying causes and offers strategies for small to mid-sized businesses to navigate this complex landscape in their report. #LegalSystem #Risks #Leadership #MarshMMA

13

How New Jersey Personal Injury Laws Affect Rideshare Accident Claims – Why Choose Antonucci Law With the rise of rideshare services like Uber and Lyft, there has been a significant increase in accident claims involving rideshare drivers and passengers. These cases can be uniquely complex, often involving multiple insurance policies, the rideshare company’s regulations, and New Jersey’s personal injury laws. Navigating these claims effectively requires a firm with specific expertise in this evolving area. Read the full article here: https://lnkd.in/eTmVDhuG #AntonucciLaw #RideshareAccidents #UberLyftInjuryClaims #PersonalInjuryLaw #NJAccidentLaw

1