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Category Archives: Firm Articles

A Few Things You Probably Didn’t Know About St. Patrick’s Day

By DSK Law |

‘Tis the time to be Irish whether you are a Lopez, Viscontini, Ilkavich, or Flannigan! March 17th is Saint Patrick’s Day of Honor and celebrated universally as a “national” party to gather with friends and family, without any overly religious overtones. Perhaps being over 50% Irish was my genesis for this article, but my purpose was much wider...you’ll see. Predictably, it is a holiday which centers around drinking and lively celebration, whether you are in Boston, (birthplace of the first St… Read More »

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Taking the Deposition of an Entity Representative or Custodian of Records and Seeking Electronically Stored Information

By DSK Law |

By Bart R. Valdes, Esq. on behalf of the Electronic Discovery and Digital Evidence Committee, Business Law Section of the Florida Bar The use of multiple electronic devices, as well as automated systems, and integrated technology, is commonplace in today’s world.  Almost everything that we do in our day-to-day routines generates some kind of data, whether it is driving a car, buying lunch on a credit card, buying a gift for someone on-line, or even using modern kitchen appliances.  To paraphrase… Read More »

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Requests For Production Instructions And Definitions: How To Make Them Work For You

By DSK Law |

By Bart R. Valdes, Esq., on behalf of the Electronic Discovery and Digital Evidence Committee, Business Law Section of the Florida Bar In the ever-changing world of technology, the legal profession can be slow to adapt.  Within the past decade, the introduction and widespread adoption of social media use by individuals and corporations, as well as the use of tablets, smartphones, cloud storage, and other new technologies, has dramatically expanded the number and types of available sources of document discovery in… Read More »

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Code Enforcement Matters: A Reconsideration

By DSK Law |

Can a code enforcement board or Special Magistrate rehear or reconsider a case, matter or issue previously presented?  That is the question.  Not exactly Shakespeare, but one potentially relevant to a residential or commercial property owner, or local governing body. Section 162.11, Florida Statutes (2014), governs appeals from final orders of a municipal or county code enforcement board and states: An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the… Read More »

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Investigating PIP Fraud Through the Appropriate and Effective Use of (6)(b) Requests

By DSK Law |

According to the language in the No-Fault Statute, an insurer is required to pay a bill within 30 days of receiving the bill in order to avoid incurring a penalty, interest, or attorneys’ fees.  This presents a very tight window within which an insurer can investigate a claim where fraud may be involved. Section 627.736(6)(b), Florida Statutes, provides an insurer with the option to request additional information or documents from a medical provider to toll the time when a bill… Read More »

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Investigating PIP Fraud Through the Use of EUOs and Preserving the EUO Defense in PIP Cases

By DSK Law |

As medical provider PIP fraud continues to increase in the State of Florida, insurers must effectively use the available tools to investigate suspected fraud.  Florida’s No-Fault Statute provides options to insurance companies to investigate suspected fraud by claimants (both providers and individual accident participants), with the ultimate goal of protecting the insureds and controlling the cost of fraud on consumers.  One potentially effective tool to investigate fraud is the examination under oath (“EUO”). The purpose of the EUO is to… Read More »

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Title Claims: How to File a Title Claim

By DSK Law |

The first step in determining whether you have a viable title claim is to review your title policy in detail.  You must be sure that the defect you are concerned about does not appear as an exception to coverage in Schedule B of the title policy or elsewhere.  Once you have determined a claim exists, you should thoroughly review the policies and procedures in your title policy for submitting a claim.  Be aware that most title policies say that you… Read More »

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Title Claims: How Title Insurance Protects You

By DSK Law |

Unlike other traditional forms of insurance that protect you from unforeseen future accidents, sickness and natural disasters, title insurance protects an owner from potentially undiscovered issues when you buy land or a home. Title insurance potentially provides insurance coverage to protect you from financial loss related to a defect in the status of title to property.  If it is later discovered you do not own what you thought you bought or if someone else claims some interest in your property,… Read More »

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A CLARIFICATION TO FLORIDA’S LAW PROVIDES GUIDANCE TO COURTS IN REGARD TO PROCEEDINGS SUPPLEMENTARY UNDER § 56.29, FLORIDA STATUTES, WHEN JUDGMENT CREDITORS SEEK TO COLLECT ON JUDGMENTS.

By DSK Law |

By Bart R. Valdes, Esq. and P. Hayden Haskins, Esq. On June 20, 2014, Governor Rick Scott approved 2014 Florida Laws Chapter 182, which revised Florida’s law on proceedings supplementary found in § 56.29, Florida Statutes.  Effective on July 1, 2014, § 56.29, Florida Statutes, was revised to clarify existing law and provide guidance to judges, creditors and judgment debtors, as well as third parties who may be subjected to collection actions based on transfers made by judgment debtors.  It… Read More »

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Attorneys’ Fees and Costs When Litigating Against an Insurance Company

By DSK Law |

Not every lawsuit involving an insurance company results in the award of attorneys’ fees and costs.   The general attorneys’ fee provision, § 627.428, Florida Statutes, only provides for an award of attorneys’ fees when an insured prevails and an actual recovery of insurance proceeds is obtained.  In fact, §627.428, “‘has consistently been interpreted to authorize recovery of attorneys’ fees from an insurer only when the insurer has wrongfully withheld payment of the proceeds of the policy.””  Progressive American Ins. Co.… Read More »

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