Jeffrey R. Davis, P.A. is proud to announce the law firm has successfully resolved a lawsuit involving a falling gate that injured a young child. The five-year-old boy was playing in the yard of the house his parents rented when he slid a heavy metal gate open causing it to fall off its track. The…
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Property / Business Interruption Insurance Litigation in the U.S involving business interruption losses (principally involving whether such losses have arisen in connection with physical loss to property, and whether various exclusions for virus and pandemic apply) is proliferating. Some of the recently-filed cases are noted below. Five cases v. Travelers and CA Governor (CA) –…
Continue reading ›Pandemic outbreaks are uninsured because they are uninsurable,’ contends insurance industry. A once-bustling bar and grill tucked below a Michigan Avenue overpass famously inspired a “Saturday Night Live” skit starring John Belushi and Bill Murray. But the money the Billy Goat Tavern is losing during the coronavirus outbreak is no joke. The tavern and millions…
Continue reading ›Florida’s largest advocacy group for long-term care providers is requesting protection from lawsuits for health care professionals amid the coronavirus (COVID-19) outbreak. The Florida Health Care Association (FHCA) sent a letter to Gov. Ron DeSantis requesting “immunity from any liability, civil or criminal” under certain conditions for nursing homes, hospitals, and other facilities. The group…
Continue reading ›Businesses fear opening up their storefronts and getting sued from customers who contract COVID-19. For the second meeting of the state’s industries hit the hardest by a Florida economy reeling from COVID-19 lockdowns, talks shifted more to the outdoors, but businesses still want swift and clear action. Dana Young, CEO of VISIT FLORIDA again led…
Continue reading ›Carnival Corp. is facing lawsuits from several passengers who claim they weren’t warned of the high risk of being infected with the novel coronavirus on the company’s cruise ships. Wells Fargo, Bank of America, JPMorgan Chase and US Bancorp have been sued by small businesses that missed out on coronavirus rescue loans because, the small…
Continue reading ›(The Center Square) – Nonessential Florida businesses want assurances from the state Legislature that if they reopen in accordance with state and federal guidelines, they will not be sued if patrons and workers contract COVID-19. “I’ve got friends that run Dow 30 companies in Florida and they are concerned that opening up their offices will…
Continue reading ›The legislation would not protect gross negligence. Sen. Jeff Brandes is preparing legislation that would protect Florida businesses from being sued if someone contracts the novel coronavirus while working or receiving goods and services on their premises. As Gov. Ron DeSantis takes steps to begin reopening the state as soon as May 1, Brandes said…
Continue reading ›Last week Governor Andrew Cuomo of New York issued an executive order which granted immunity from lawsuits to medical healthcare providers for injury or death. The March 23, 2020 order provided, among many things: “to the extent necessary to provide that all physicians, physician assistants, specialists assistant, nurse practitioners, licensed registered professional nurses and licensed…
Continue reading ›Law360 (April 6, 2020, 8:36 PM EDT) — Pursuing medical malpractice suits connected to COVID-19 or surgeries delayed by the pandemic will be particularly challenging due to uncertainty regarding the applicable standard of care, potential immunity protections and public sentiment overwhelmingly supporting health care providers, attorneys warn. The Centers for Medicare & Medicaid Services issued…
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