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Category: Insurance Law

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Is the idea of workers’ comp as the ‘sole remedy’ on its way out? p4

Fri Aug 21st, 2015 on     Insurance Law,    

We are finishing up our discussion of a workers’ compensation lawsuit that could change the way Florida and every other state approach workers’ comp as an injured workers’ sole remedy. As we explained in our last post, the Court of Appeal focused on procedural issues. The appellate panel found that the complaining parties had no real argument with the state, had suffered no actual losses as a result of the workers’ comp statute. As a result, the court was not required to give a second thought to the constitutionality issue.

Is the idea of workers’ comp as the ‘sole remedy’ on its way out?

Fri Aug 7th, 2015 on     Insurance Law,    

One of the complaints about personal injury lawsuits has been that the results are so inconsistent. A woman who loses her husband, the father of their three young children, in a drunk driving accident could be awarded millions in damages by one jury and less then $1 million by another. State laws try to control damage awards, especially for pain and suffering, but with mixed success. The dollar amounts may be lower, but, opponents argue, what if the plaintiff deserves more? What if making a plaintiff whole will really cost twice the amount the state has decided is quite enough, thank you?

Let the flood insurance games begin! Congress ponders premiums

Tue Jul 28th, 2015 on     Insurance Law,    

After discussing market considerations in setting insurance rates, we turn to recent activity in Congress. As you recall from our last two posts, insurance companies are required to set rates based on risk and loss expectations, not on supply or demand issues. Florida regulators maintain that insurance companies are increasing premiums because they can, not because they have to: Insurers realize that there is very little competition in some parts of the state and that they have, pardon the insurance pun, a captive audience.

Insurers to FOIR: It depends on what your definition of ‘is’ is p2

Mon Jul 20th, 2015 on     Insurance Law,    

In December 2014, the Consumer Federation of America raised some questions about how Allstate was calculating auto insurance premiums. The CFA alleged that Allstate was basing those premiums on “marketplace considerations.” These marketplace considerations focus on competition and supply and demand — factors that in most industries would certainly influence price.

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