Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

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ERISA Long Term Disability Victory

Posted in Disability, ERISA, Long Term Disability

Most ERISA disability policies state that the insurer has “discretionary authority” to make all decisions regarding whether to award or deny disability benefits.  If the policy contains this “discretionary authority” provision then the disability claimant can usually only overcome a denial if we are able to prove that the denial was: 1) wrong; and 2) the decision was arbitrary and… Continue Reading

Lawsuit Filed to Reduce Health Insurance Lien

Posted in ERISA, Liens Health Insurance / Erisa

My client was severely injured in a motorcycle accident.  In a bad faith lawsuit against the at-fault driver’s insurance company we recovered a confidential amount well in excess of 150 times the policy limits.  My client’s health insurer paid around $200,000 for medical care related to the crash. After resolving the bad faith case, my client’s health insurer… Continue Reading

Lawsuit Filed to Eliminate Lien Against Blue Cross and Blue Shield

Posted in ERISA, Liens Health Insurance / Erisa

My client was injured in an automobile accident.  My client was an HMO member through his employer.  The HMO was issued by Blue Cross and Blue Shield of Florida.  After the accident, Blue Cross and Blue Shield provided some medical services to my client that were accident related, and also provided some services that were not related… Continue Reading

Court Rules on Definition of “Disabled” in an ERISA Disability Policy

Posted in Disability, ERISA, Long Term Disability, Short Term Disability

Recently, we prevailed in federal court on a contract interpretation issue under an ERISA short term disability insurance policy.  Due to an illness, our client could not perform some of the essential duties of her job. She could perform some of her duties, she just couldn’t perform them all. Our client filed a claim for STD benefits… Continue Reading

ERISA Appeal Filed for Accidental Death Benefits After Motorcycle Crash

Posted in Accidental Death and Dismemberment, ERISA, Life Insurance

My client’s brother was riding his motorcycle when another driver turned left in front of him.  The motorcyclist struck the front right corner of the car.  The motorcyclist died at the scene. The driver of the car received a ticket for violation of right of way.  The motorcyclist was not speeding, and was not found to be… Continue Reading

The Statute of Limitations in ERISA Cases

Posted in ERISA

ERISA – Statute of Limitations One of the most perplexing issues that arise in ERISA cases is the applicable statute of limitations. The ERISA statute itself does not provide a specific statute of limitations for claims for benefits. Instead, Courts look to the Plan document, the insurance policy, and/or state law in making such a… Continue Reading