Arbitration Litigation

Mandatory Auto Arbitration: When It Absolutely, Positively, Must Be Arbitrated

When one insurance company subrogates against another insurance company and both are members of intercompany arbitration, arbitration is mandatory. It is the type of damages sought that determines whether arbitration is compulsory, not the type of coverage afforded by the Respondent. The type of liability coverage afforded by the Respondent is irrelevant. For example, when…

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Totaled Vehicle

What Does It Mean To Total A Vehicle?

Understanding the Difference Between Total Loss and Salvage Vehicles Nowhere is the difference between “knowing” something and “understanding” something more evident than when it comes to the relationship between “totaling a vehicle” for insurance purposes and the concept of salvage vehicles under state law. Everybody knows what it means to “total” a vehicle. But very…

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Subrogation Trap

Florida’s Subrogation Trap

Subrogation professionals must be aware that Florida’s collateral source statute contains a trap for the unwary. Under F.S.A. § 768.76 (6), if a provider of collateral source benefits (e.g., Med Pay or health insurance benefits) does not respond to the insured’s request for a statement asserting the subrogated lien amount within thirty (30) days, the…

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