Practice Areas

Blog

Lilly, O'Toole & Brown Blog

Auto, Truck & Motor Vehicle Accidents

8/11/2008
K.C. Bouchillon
Comments (0)

TRAGIC DEATH ON I-4, DECEASED NOT WEARING HER SEATBELT

On Sunday in Lakeland a truck was spotted driving erratically down the interstate. According to the Florida Highway Patrol the truck was involved in two minor crashes before getting onto I-4 and swiping another car while the truck was passing vehicles in the emergency lane. The truck then went airborne, flipped over three times and stopped.

The female driver of the truck was ejected and died. She was not wearing her seatbelt and was seen talking on a cell phone while driving erratically. The facts involving the woman’s driving are still being discovered, but time and again it has been proven that wearing seat belts saves lives.

This tragic death may have been averted if the seatbelt had been worn. It can also be said that the erratic driving, coupled with attention diversion caused by the cell phone, were large contributors to this scene. As always, we urge drivers to wear their seat belts, pay attention to the road and give yourself plenty of time to get to where you are going. The alternative can be fatal.

Labels:

8/8/2008
Bob Grode, Attorney
Comments (0)

Who Got the Ticket? Who Cares?

Many times we meet with people that have been involved in motor vehicle crashes that think it should be a very simple process. After all, the other driver got a ticket.

Doesn’t that mean it was the other driver’s fault? Not necessarily, which is why you want to have your attorney working on your case as quickly as you can. Receiving a ticket just means the law enforcement officer believes you committed some infraction. Many times people fight the ticket in court and the ticket is thrown out.

More importantly, if you are injured as a result of the ticketed person’s negligence that ticket may never see the courtroom. In the courthouse the jury gets to decide who is at fault, not the police officer. So if involved in a motor vehicle crash, make sure to document vehicle positions, take pictures and get names and contact information from any witnesses. Do not rely on the law enforcement officer to do this, only you can be sure it is done properly. And if injured or even suspecting an injury, see your doctor or the emergency room immediately.

Labels:

8/5/2008
Bob Grode, Attorney
Comments (0)

Motorcyclists Are Always in Danger

Gerald Pitts of Winter Haven suffered serious leg injuries on Saturday when his 2007 Honda motorcycle was struck by James Hill driving his 2007 Chevrolet pickup.

After being struck Pitts was pushed into another truck. Mr. Hill left the scene and was found later. Mr. Hill was charged with leaving the scene of the crash with serious injuries. There is some discussion that Mr. Hill drove through a red light and struck Mr. Pitts. Apparently, Mr. Pitts was not negligent in any way but has suffered serious injuries. Motorcyclists must always be on the lookout for other vehicles.

The motor cycle has a serious disadvantage when faced with the weight and steel of today’s cars and trucks. By the same token, car drivers must be constantly aware of their surroundings. Human beings were designed to process information while walking or running. Going at speeds many times greater than the fastest man can run requires a lot of work from our brains, so don’t over tax them.

Labels:

7/29/2008
Bob Grode, Attorney
Comments (0)

SPILLED DRINK LEADS TO CRASH, INJURIES ON I-4

Keith Klingensmith, 40, of Orlando and James Klingensmith, 13, were heading east on Interstate 4 on Monday when struck by a semi.

Benjamin Williams, 43, was driving a 2006 Freightliner semi when he struck the rear of the Klingensmith’s car. Both of the Klingensmiths were airlifted to Lakeland Regional Medical Center with serious injuries.

This was a very preventable crash, as the only reason it occurred was a spilled drink and lack of attention to the road. Mr. Williams spilled his drink and became distracted. All too often the spill occurs and the person is concerned about cleaning up the spill and becomes distracted.

Lilly, O’Toole & Brown investigate crashes of this type almost daily and too often the person driving just became too distracted to drive safely. When driving any vehicle but especially multi ton semi tractors, constant vigilance is required. All too often failure to keep an eye on the road means someone is going to the emergency room.

Labels:

7/28/2008
Brian
Comments (0)

New Website Highlights Deadliest Roads

Do you know how safe the roads your family drives on most often are?

The people at www.saferoadmaps.org do.

This cool new site, created by researchers at the University of Minnesota's Center for Excellence in Rural Safety, can show you exactly how safe your road is. Using GPS software, all you do is type in your address and the site will show you a map or satellite image of all the traffic fatalities in the area.

Want to impress on your children the importance of wearing a seatbelt or not drinking and driving? You can narrow your search by factors like age of the driver, seatbelt use, whether drinking was a factor, and whether speed played a part in the crash.

With every United States citizen facing a 1 in 100 chance of dying in a motor vehicle accident, we should take advantage of every tool available to keep us safe.

Labels:

7/22/2008
Bob Grode, Attorney
Comments (0)

Rainy Summer Days Lead to More Car Crashes

The Florida Highway Patrol is out in force when the summer afternoon rain season starts, but they don’t spend much time writing speeding tickets.

Most of their time is spent investigating car crashes which occur when drivers don’t take time to be aware. When the rain starts, even if it is just a light shower, driving conditions deteriorate very quickly. Oils that have soaked into the asphalt start to come to the surface, creating a slicker driving surface. As the rain gets worse, vision also deteriorates and actions take longer. As a result, although the speed limit sign may give a speed, this is a maximum speed with near perfect driving conditions.

As always, slow down, take the time to make sure the way is safe and assume the other drivers are not doing either one of those things. Defensive driving is a must when the rain starts coming down. Getting safely to your destination is the goal, travel wisely.

Labels:

7/22/2008
K.C. Bouchillon
Comments (0)

Sick Truck Drivers Causing Fatal Accidents

Despite federal regulations designed to protect drivers, commercial drivers, such as tractor-trailer drivers, are causing a significant amount of fatal accidents.

These drivers are having seizures, heart attacks, and unconscious spells while driving. Federal regulations require yearly medical examinations for anyone holding a commercial drivers license (CDL). However, a study by the Federal Motor Carrier Safety Administration, which is supposed to enforce trucking regulations, found that more and more truck drivers are not complying with the medical examination requirement or simply not reporting their problems. Many drivers are driving even though they have been declared disabled.

Back in 2001, federal safety regulators made eight recommendations to clamp down on this problem, but the FMCSA has not implemented any of them. So, until that happens, there are truck drivers who are violating federal laws, putting other drivers and themselves at risk, and operating vehicles that weigh up to 80,000 lbs.

For more information about this issue, and accounts about specific drivers, click on the headline/title of this blog.

Labels: commercial truck, truck driver, tractor trailer, medical examination, federal regulation

7/22/2008
Bob Grode, Attorney
Comments (0)

Two Injured in Motorcycle Collision near Lake Alfred

Michael and Rosemary Grimes were injured while riding their 2005 Honda Motorcycle near Lake Alfred when struck by a 2008 Buick. The Buick pulled into their path as they were driving in the Lake Alfred area and the Grimes were unable to avoid the Buick.

A second motorcyclist was able to get to the side of the road but was thrown from his motorcycle as well. Driving a motorcycle on the streets is dangerous enough without car drivers being aware of their surroundings. Before heading onto a road it is good practice to look both ways and then look again just to make sure you don’t miss something coming down the road. Motorcyles are generally smaller and easier to miss seeing when you glance quickly.

Labels:

7/1/2008
Bob Grode, Attorney
Comments (0)

ROAD RANGERS LOSE HALF THEIR FUNDING

On Florida interstates we have grown accustomed to seeing Road Rangers driving along helping change tires, give people gas and blocking off traffic lanes when there has been a motor vehicle crash.

With the current budget problems the state is having we will be seeing a lot fewer Road Rangers for the next several years. Their budget has been cut in half and the safety work they do will be mostly limited to rush hour.

Weekenders and night drivers will be forced to fend for themselves. With Road Rangers or not it is always important to drive safely for the conditions, giving the vehicles in front of you plenty of room and yourself plenty of chance to stop before a tragic event occurs.

Labels:

6/19/2008
Bob Grode, Attorney
Comments (0)

Full Insurance Coverage Is Not Enough

As a personal injury attorney I see people daily who have been involved in a car crash and injured due to somebody else’s negligence. Time and again the person who caused the injury has very limited resources or insurance to pay for the injury they have caused.

Just as often, unfortunately, the people I see have decided to get “full coverage” for their car, which turns out to be “no coverage”. Full coverage simply means you have the coverage required by law. The law does not require bodily injury coverage, which would help pay for medical expenses caused by the negligent driver.

The law also does not require uninsured or underinsured motorist coverage, designed to help an injured person when struck by a driver with no insurance at all. I encourage you to see your agent about uninsured motorist coverage to help protect yourself and loved ones if injured in a car wreck.

Labels:

6/16/2008
Bob Grode, Attorney
Comments (0)

Careless Driver Causes Death of Motorcyclist

Jason Lefleur of Lakeland was driving his 1993 Harley-Davidson motorcycle with his passenger (name currently withheld) on Sunday afternoon when a 2001 Ford SUV pulled onto the road in front of him.

Mr. Lefleur died at the scene after he was found partially under the motorcycle after the crash. Apparently, neither Mr. Lefleur nor his passenger were wearing helmets when they struck the SUV that had pulled out in front of them on Marlyn Drive. Mathew Hurst, also of Lakeland, was driving the SUV and was not injured.

According to the police reports, Mr. Hurst pulled onto the road directly into the path of Mr. Lefleur. Even when driving defensively, motorcycles are highly vulnerable. Extra care is required when there is nothing between you and the road but your shirt sleeves and pants.

Labels:

5/5/2008
Brian
Comments (1)

Beer Thieves Ejected From Car In Violent Crash

Would you risk your life for a case of beer?

Four men in their early 20s did just that last Friday.

Officers on a routine patrol put on their lights in an attempt to pull over one vehicle when they noticed a nearby SUV take off. This made the officers suspicious and they chased the SUV along County Road 450 in Umatilla, Florida. The driver of the SUV lost control of his vehcile, hit one tree, slammed into another tree's stump, then went airborne - flipping several times and landing just 20 steps from the front door of a house. All four passengers in the vehicle were ejected.

What made the driver so careless? Police believe he was paranoid about the case of beer he just stole. Officers have requested that local stores check their surveillance tapes for beer theft.

All four passengers were flown to Orlando Medical Center and are reportedly in stable condition.

So how much stolen beer do you have to have in the car to warrant a police chase? "It wasn't that much to warrant someboddy running," said Police Chief Douglas Foster, "I don't even think it was a case."

What a silly reason to risk your life.

Labels:

4/10/2008
Brian
Comments (0)

Truckers Lobbying for Faster Speed Limit

The American Trucking Association, a group that represents trucking companies, is calling for a return to a uniform national speed limit. While the national speed limit was set at 55 m.p.h. in 1974 (a response to an oil shortage), states have been allowed to regulate their own speed limits since 1995. Most states have set their speed limits over 65 m.p.h., and some places in Texas have speed limits of 80 m.p.h. or greater.

The proposed speed limit is not being proposed for safety reasons, however, but for better fuel economy. The ATA says that slowing speeds from 75 to 65 would offer trucks as much as 27% greater fuel economy. The result would be to lower the price of gas and oil as the demand decreased.

The group also wants a federal requirement that all tractor-trailers be equipped with a 68 m.p.h. speed limiter. By doing this, the agency hopes that it would bring all truckers in line and would limit competition amongst truck drivers to get their goods to the destination in quicker times by speeding.

Whatever the reason, slowing down fully loaded semis would greatly increase the safety of drivers on the roads.

Labels:

2/5/2008
Bob Grode, Attorney
Comments (0)

Florida Highway Patrol Report comes in on Massive Pile up On I-4

In the end everyone associated with this tragic crash will either be represented by an attorney or at least have talked to one, simply to make sure they know what their rights are. The big company trucks have already had adjusters working the crash within hours of it happening. Those insurance companies keep attorneys on the payroll for a reason: reduce payments made for negligence caused by their drivers. The law requires attorneys to have no contact w/ crash victims for at least 30 days so unless the victim contacts the attorney, the victim is on his/her own. But the insurance adjusters can get out there in hours and start contacting people and taking statements. And since most people have never been involved in any crash, much less one this horrific, they are more than happy to cooperate w/ the insurance company, not realizing this could greatly hurt them in the future. Remember, these are the insurance companies having to swear under oath in the legislature right now and getting licenses pulled for playing hide the profits from our legislature.

Tuesday, February 05, 2008 9:35 AM
Add to Calendar

Labels:

1/31/2008
K.C. Bouchillon
Comments (0)

U.S. 17-HAVENDALE INTERSECTION MOST DANGEROUS IN POLK COUNTY – AGAIN

For the fifth time in six years, the intersection of U.S. 17 and Havendale Blvd. in Winter Haven is the most dangerous one in Polk County, according to 2006 figures recently released.

There were 58 collisions at the intersection that year, an increase of eight from the year before. As anyone who has driven through the intersection can attest, it is large, heavily congested, and has an array of confusing traffic signals. Add to that the occasional impatient/angry driver, and it’s a wonder more accidents don’t occur there.

Whether the collision occurs there, or anywhere else, there are some important tips to remember if you are involved in a collision.

1) Make sure you and your passengers are uninjured. If you are injured, don’t move, and don’t attempt to move others who are injured unless staying in the vehicle presents a dangerous situation. Immediately seek medical care for you and your passengers.

2) Call 911.

3) If you are uninjured, assist others involved in the accident, if doing so does not expose you to unreasonable risk.

4) Do not move your vehicle unless directed to do so by law enforcement or it presents an unreasonable risk to you or others. The location of your vehicle and the other vehicles provides valuable information for the investigating officer.

5) Do not discuss what happened in the accident with anyone except the investigating officer.

6) If you have a camera – even if it’s the one on your cell phone – take photographs of the scene and vehicles involved. Again, though, use common sense. Don’t put yourself or anyone else in harm’s way.

7) Often, there are witnesses to accidents who are willing to help and tell their story early on, but later get cold feet. Try to get the names, addresses and phone numbers of witnesses, and provide them to the investigating officer. Encourage them to tell their story while they are at the scene.

8) Afterward, do not give a statement to anyone before contacting an attorney.

Labels:

1/21/2008
Brian
Comments (0)

Florida Returns to "No-Fault" Auto Insurance System

As of January 1, 2008, Florida is again requiring no-fault auto insurance. “No fault” insurance bars suits against other motorists unless there has been death or permanent injury. Unlike the traditional insurance system where the bill for the car crash is paid by the company that insures the driver at fault, the “no fault” system requires your own insurance company to pay for your injuries, no matter who was at fault.

Most Florida drivers won’t have to do anything, as PIP coverage was required in the state as little as four months ago. However, drivers who elected to drop PIP from their coverage during its “optional period” will notice a higher bill in their mailbox in January.

Labels:

1/16/2008
K.C. Bouchillon
Comments (0)

FHP, DOT Ignored Warnings of Fog, Smoke That Led to Deadly I-4 Pileup

Almost 20 hours before the deadly I-4 pileup that killed five and injured dozens, the Florida Highway Patrol and the Florida Department of Transportation had been warned of dangerous conditions of fog and smoke, yet the state agencies took virtually no action to avert the disaster.

The day before the accident, the National Weather Service issued a fog alert that placed the risk at 10 on a scale of 1 to 10 for the area where the accident occurred. Just hours later, the Division of Forestry warned FHP that an out-of-control wildfire would create dangerous conditions for motorists. Despite these combined warnings, nothing was done, other than DOT placing one small warning sign in either direction.

Warnings of these types, particularly the smoke warning, are not often given, and combined, they should have raised red flags to the state agencies that could have taken action to avoid this tragedy. Since the accident has occurred, the interstate has been closed on two pre-dawn mornings. Unfortunately, it's too little too late.

Labels:

1/9/2008
K.C. Bouchillon
Comments (1)

Brushfire Deathtrap on I-4

A "controlled" burn started by Florida Fish and Wildlife turned into a raging brushfire and a deathtrap for motorists on I-4 Wednesday morning, January 9, and when the smoke clears, the government agencies responsible for this tragedy will pay next to nothing to the victims and their families.

As of this writing, more than 50 vehicles, including 20 tractor trailers, are involved in the collisions, just east of Lakeland. Six cars and two tractor trailers were on fire. Too late, authorities decided to close down I-4 in both directions.

Questions are already being asked about the role of Fish and Wildlife in failing to control the blaze, and the Florida Department of Transportation in failing to close I-4 when heavy smoke, combined with fog, began obscuring drivers' seeing distances. Unfortunately, Florida's sovereign immunity statute limits a governmental entity's liability to $100,000 per person, and $200,000 total for all claims "arising out of the same incident or occurrence."

This raises one immediate issue for those involved in the tragedy: Is the series of collisions the "same incident" or are they considered separate?

The long-term issue is: Should the State of Florida significantly raise the sovereign immunity limits of liability? The current limitations have been in place for years, and as these collisions show, they are woefully inadequate. Even when there is just one death, $100,000 is hardly fair compensation to the spouses and children left behind. And in a tragedy this large, $200,000 is downright insulting to the victims and their families.

The sovereign immunity statute does permit victims of the negligence of
the state's political subdivisions to submit what is known as a "claims
bill" to the State Legislature for compensation above $100,000 per
person or $200,000 per incident. However, that adds an extra layer of
delay to compensation. It would be simpler and more equitable to victims
simply to raise the sovereign immunity limits to reasonable levels

It should be pointed out that these limitations do not apply to any at-fault drivers involved in the collisions. Also, by law, tractor trailers are required to be insured for at least $750,000. Nevertheless, when all is said and done, it is likely that the victims and their families will be left far short of fair compensation, particularly those who don’t act quickly to preserve their rights and their share of what little there is to divide among the others involved.

Photographs of the horrific accident on I-4 can be found at the Lakeland Ledger by clicking the following link:

http://www.theledger.com/apps/pbcs.dll/gallery?Site=LL&Date=20080109&Category=PHOTOS&ArtNo=336072068&Ref=PH&Profile=1039

Labels:

1/9/2008
K.C. Bouchillon
Comments (0)

Twin Florida Southern Students Killed When Tractor Trailer Runs Red Light

The investigation is continuing into the death of one twin sister and the critical injury of the other when a tractor trailer ran a red light and plowed into the sisters' Honda vehicle on the morning of January 7.

Since the collision involved a death, it is likely that the results of the investigation will not be disclosed for up to three months. Unfortunately, as dedicated as the Florida Highway Patrol is, its investigators are hard-pressed to perform thorough investigations. It is helpful in such instances to have an independent expert investigate the accident scene and vehicles as soon as possible.

Meghan Kelly, 20, was killed, while her identical twin, Melissa, was seriously injured in the accident. They were returning to Florida Southern College from their home in LaBelle after the Winter break. At Florida Southern, they were both on the soccer team. The identity of the driver of the tractor trailer has not yet been released.

According to the Florida Highway Patrol, the driver of the tractor trailer ran a red light at the intersection of U.S. 27 and S.R. 29 in Glades County. When a death is involved, the Florida Highway Patrol will perform a traffic homicide investigation, which can take months to complete. In accidents involving tractor trailers, there are typically more factors than one would normally find in a run-of-the-mill automobile collision, and a speedy investigation is very important.

For example, truck drivers' hours of service are heavily regulated by Florida and federal law, since no one wants an 80,000-lb. juggernaut operated by someone dozing at the wheel. Nevertheless, it is well-known in the industry that many drivers keep two sets of logbooks. One, which is shown to law enforcement, tracks the hours that the driver needs to comply with the law. Another, which is accurate, shows the actual drive times -- and the violation of driver hours.

Also, in order to drive a tractor trailer, a driver must obtain a commercial drivers license ("CDL"), which requires special driving courses. Unfortunately, some of these schools fail to provide adequate training, leaving drivers with little understanding of the special dangers presented by such a large, heavy vehicle.

The condition and maintenance of the truck AND the trailer can also have a significant impact on their performance and their maneuverability in an accident situation.

Unfortunately, much of this important evidence can "disappear" by the time an official investigation is concluded, leaving the victims and their families with precious little to assert a claim against the at-fault driver and the company he or she works for.

Labels:

1/7/2008
Bob Grode, Attorney
Comments (0)

2 Bus Crashes in Polk County

Two bus crashes in one day is two crashes too many. Both incidents in Polk County involving Polk County School Board buses might have been avoided but all the facts are not out yet. As a personal injury lawyer I specialize in these types of cases and I can tell you all the facts will not be known for some time. Polk County Sheriff’s Office personnel need to do their job and if any of the injured parties decide to retain an attorney then their own investigators will need to complete their job as well before everything will be out in the open. My heart goes out to all the people involved, what a tragic event.

Labels:

Drug Cases

3/7/2008
Brian
Comments (0)

Airborne Settles False Advertising Suit for $23.3 Million

The makers of Airborne, an herbal supplement that claims to ward off the common cold by boosting your immune system, have settled a false advertising lawsuit for $23.3 million.

What did they do wrong? The company didn't have a shred of evidence to back up their claim that their supplement could prevent the common cold. Turns out the company had commissioned a single study into the effects of their drug, but the results were so poor that they wouldn't share them with anyone outside the company, says David Schardt, a senior nutritionist at the Center for Science in the Public Interest.

Schardt says the drug was a simple mix of vitamins A, C, E, magnesium, zinc, selenium, herbs, and other ingredients. The name "Airborne" comes from the claim that the combination of those vitamins and minerals is meant to prevent infection from airborne viruses and germs.

The settlement, which admits no wrongdoing on the part of the drug maker, offers a refund of the purchase price to anyone who can prove they bought one or more Airborne products in the United States between May 1, 2007, and November 29, 2007. Airborne has set up a website that explains their settlement. On the site, you can fill out a claims form to recieve your money back.

Labels:

2/8/2008
Brian
Comments (0)

Merck Settles Overbilling Lawsuits: $671 Million

Merck has agreed to settle two lawsuits which alleged overcharging Medicaid for Vioxx, Zocor, and Pepcid. The settlement total is $671 million, which includes a $399M payment to the plaintiffs, $218M to the federal government, and $181M to 49 states and District of Columbia.

In the lawsuits, which were filed in Pennsylvania in 2000 and Nevada in 2005, a former Merck employee alleged that the company provided the drugs to hospitals at a discount of greater than 90% if the hospitals would help the company reach its market-share goals. The plaintiffs in the suit contended that this practice constituted an unfair incentive for physicians to prescribe the drugs.

Federal law mandates that drug manufacturers have to offer sales to Medicaid at a price at least as low as they offer them to any other customer. However, because drugs sold at discounts of greater than 90% do not have to be disclosed to the government, Merck was able to get away with this scheme for years.

A second claim of the lawsuit was that Merck was paying physicians a "consulting fee" or "training fee," which were actually nothing more than illegal kickbacks for prescribing Merck products. This practice, according to the Assistant U.S. Attorney's on the case, was in place from 1997 - 2001 at as many as 800 hospitals across the country.

Deep discounting and kickbacks on the part of drug companies, apart from being illegal, are very dangerous to patients. When the drug companies create a situation where the physician's judgment can be clouded by dollar signs, it puts patients at risk. Attorney General Michael Mukasey has called the settlement "one of the largest health care fraud settlements ever achieved by the justice department." Hopefully this settlement will serve as an example to other drug companies how might otherwise consider implementing such a scheme.

Labels:

Hurricane Insurance Claim

8/8/2008
Bob Grode, Attorney
Comments (0)

Experts predict more hurricanes – Better check your coverage

A report was just released indicating hurricane expert have increased the number of named storms this year from 15 to 17, with many more tropical depressions.

The increase was caused by the large number of active systems occurring so early this year in the hurricane season. This provides a good reminder to check your coverage for hurricane damage with your home insurance agent. Most policies were changed in the aftermath of the 2004 hurricane season and a lot homeowners are simply not aware of what has happened. Now instead of a standard amount for a deductible, it turns into a percentage of the value of the home.

Also, some items may not even be covered anymore. Sit down with your agent and make sure you have the necessary coverage to protect yourself if we have the big hit again.

Labels:

8/3/2008
K.C. Bouchillon
Comments (0)

Your Insurance Coverage May Not Be As Good As You Think

Many homeowners barely give any thought to the details of their property insurance coverage -- until they find out the hard way that their policy isn't what they expected.

For example, many homeowners policies do not cover mold and mildew. In a state like Florida, mold and mildew are almost ever-present within days of storm-caused damage. Indeed, mold remediation may be one of the most expensive repair issues. Yet, many policies exclude coverage for mold remediation unless it is specifically requested -- with an additional premium.

What's known as "law and ordinance" may also be excluded. Let's say your home was built in 1920. It's got old wiring and also doesn't come up to current code requirements. If your home is damaged in a hurricane, and it doesn't include "law and ordinance" coverage, the insurer only has to pay you for the value of the damaged property, which usually is not nearly enough to pay for repairs that will be REQUIRED in order to bring your home up to code. There is no grandfathering for you.

There are any number of other "loopholes" in your policy that may give your insurance company the ability to pay you far less than what it takes to restore your home after a hurricane or other storm event. At Lilly, O'Toole & Brown, we've read -- and litigated -- hundreds and hundreds of homeowners' policies, and if you have questions, about yours, we'd be happy to talk to you about yours, preferably before you have to make a claim. On the other hand, if you do have a claim, we can guide you through the legal lingo of your existing policy to see if you have a viable claim. Don't count on your insurance company's adjuster to tell you how you can use your policy to get a fair recovery. In our experience, many adjusters are more interested in pleasing their masters -- the insurance companies -- than in helping you.

Labels:

7/23/2008
Bob Grode, Attorney
Comments (0)

Hurricane Season Is Good Time to Check Insurance Coverage

Hurricane Dolly is a category 1 storm churning in the Gulf of Mexico. Texas can expect high winds and heavy rains for quite a while, as well as significant property damage.

Four years ago Florida was hit by four different hurricanes in less than two months and suffered massive amounts of property damage, some of which is still being paid back. Homeowners need to check their policy and speak with their insurance agent about their coverages.

In the wake of the catastrophic storms of 2004 many insurance companies have scaled back coverage or eliminated it altogether. After the storm is not the time to find out your coverage has changed, so make an appointment today. Lilly, O’Toole & Brown handles hundreds of insurance claims a year and knows what changes in coverage can do to a claim. Find out what your coverage is and make any necessary changes now before it is too late.

Labels:

6/30/2008
Brian
Comments (0)

Hurricane Season is Here!

According to the Florida Division of Emergency Management hurricane season is once again upon us. The season runs from June 1 through November 30, and while nothing big has hit the coast in the first month of the season, Florida rarely escapes unscathed.

As part of our ongoing efforts to help educate the public, we've put up a new section of our website, entitled "Seven Important Hurricane Preparation Tips." Check it out and let us know what you think. We'd love to hear from you about tips that your family has that you think we should share with everyone else.

If you're new to Florida or haven't put together a disaster supply kit before, here's a page where you can learn some of the basics.

Labels:

2/11/2008
K.C. Bouchillon
Comments (0)

HURRICANE VICTIMS OFTEN SUFFER AT HANDS OF UNETHICAL ADJUSTERS

The hurricanes of 2004 devastated tens of thousands of homeowners and their families in central Florida. But for many, the shoddy treatment and lack of professionalism shown by insurance adjusters was worse than the storms themselves. Unfortunately, far too many insurance adjusters forget that Florida law imposes ethical obligations on them when dealing with policy holders with insurance claims.

Our firm has handled hundreds of insurance claims on behalf of homeowners, and we have held insurers and their adjusters accountable for their actions.

So, what are these ethical obligations?

First and foremost, Florida law requires insurance adjusters to put the “fair and honest treatment of the claimant” above the adjuster’s (and the insurance company’s) own interest, in every instance. In other words, when an adjuster deals with an insurance claim, he is obligated to do what is best for the claimant. Most adjusters fulfill this obligation and truly try to take care of their claimants. On the other hand, many adjusters believe their highest priority is to save the insurance company’s money, which results in claims improperly denied, or in payouts that fall far short of the damages suffered by the claimants.

Also, an adjuster is prohibited from approaching investigations and settlements in a manner that is prejudicial to the claimant. In doing so, the adjuster is obligated to make truthful and unbiased reports after a complete investigation. An adjuster must handle claims quickly and diligently, not let them drag out for months or years. (Is your jaw dropping yet?)

Another failing that we have seen in our lawsuits against insurers is that many adjusters fail in their ethical obligation to advise claimants of their rights under their policies. Insurance policies are very complex and tricky, and the average homeowner can’t make heads or tails of what’s in the policy. The adjusters, on the other hand, know the policies inside and out, and often fail to tell claimants about various benefits and coverages that may be available in some policies, but which aren’t obvious to the homeowner (e.g., debris removal, mold remediation, code upgrades). As a result, claimants can end up with far less than they are entitled to.

The bottom line: If you have an insurance claim, the adjuster is supposed to be working for you and maximizing the benefits you recover. If your adjuster is adversarial or discourages you from making certain claims, then something is wrong, and you should consult with an attorney.

Labels:

Insurance Disputes

7/30/2008
Bob Grode, Attorney
Comments (0)

Allstate Ranked No. 1 -- For Complaints

The American Associaton for Justice has listed Allstate as the worst insurance company in the United States.

Allstate has achieved this dubious honor by raising premiums, denying claims and refusing to provide insurance to those who need it most. The Association looked at documents from all over the United States, including court documents, SEC records, news accounts and also spoke to former insurance agents and adjusters.

The Association listed the worst ten offenders, but Allstate stood above the crowd. With profits of more than $4.6 BILLION in 2007, Allstate has found a way to delay and deny claims that other insurance companies can only look on in envy. As an example, in the wake of Hurricane Katrina, the Louisiana Department of Insurance received almost twice as many complaints about Allstate’s adjusting policies (1,200) as the next offender, State Farm (700).

Labels:

7/28/2008
Brian
Comments (0)

10 Worst Insurance Companies

The American Association for Justice (AAJ) has a list of the ten worst insurance companies in America.

Topping this list - Allstate. We've blogged before about Allstate, several times, so it comes as no surprise to us that the "good hands" people made it to the top of this list.

Others on the list were:

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

The full report is worth reading, and gives a 2-3 page synopsis of why each insurer made the list. Unfortunately, most insurance companies put profits over people and no longer deal fairly with their policyholders. The American Association for Justice concludes with three policy reforms that would benefit insurance purchasers:

1. Requires that all insurers work in good faith with customers.

2. Establish an insurance consumer advocate.

3. Require approval for rate increases.

Labels:

5/19/2008
Bob Grode, Attorney
Comments (0)

ALLSTATE FINALLY GIVES IN, GIVES GOVERNMENT SECRET DOCUMENTS

Allstate finally decided to fess up about their rate determination and gave the State of Florida at least most of the documents requested.

Allstate was very reluctant to provide the requested documents, going so far as to provide hundreds upon hundreds of pages not related to what state investigators were seeking in an attempt to flood the investigators into giving up. Allstate also provided pages of objections, deciding on their own that certain documents were just not necessary for the state to finish its investigation.

Department of Insurance investigators disagreed and ordered Allstate to stop issuing new policies. Rather than cooperate, Allstate decided to litigate. And lost. Now with potentially millions of dollars lost and no new policies to issue, Allstate decided to cooperate. According to the State of Florida, Allstate is currently cooperating, but investigators will keep a close eye on things. Are you in good hands?

Labels:

4/8/2008
Bob Grode, Attorney
Comments (0)

Allstate Insurance Company Suspended From Writing Policies in Florida, AGAIN

Allstate refuses to comply with an order from the Insurance Commissioner in Florida to provide documents showing how Allstate determines what rates to charge for insurance. Instead of complying with the order Allstate sued to prevent disclosure of the information and allow Allstate to keep selling policies while thumbing their nose at the Insurance Commissioner.
The appellate court in Tallahassee agreed with the Insurance Commissioner and has ordered Allstate to cease writing any new policies in Florida until Allstate complies with the records request.
Lilly, O’Toole & Brown deals with insurance companies on a daily basis. With almost 200 years of experience our lawyers know how to handle insurance companies.

Labels:

2/20/2008
K.C. Bouchillon
Comments (1)

INSURANCE REGULATORS FILE ADMINISTRATIVE COMPLAINT AGAINST ALLSTATE

The Florida
Office of Insurance Regulation has filed an administrative complaint seeking to
suspend Allstate’s authority to write policies in Florida. This is the latest salvo in the battle between
regulators and Allstate over Allstate’s refusal to turn over documents or give
straight answers to its request to increase rates as much as 41%.

The regulators previously suspended
Allstate’s authority after Allstate refused to cooperate in hearings to get to
the bottom of why Allstate wants a huge rate increase when other insurers are
decreasing or maintaining their rates. An appeals court lifted that ban until
it could obtain further information, and that appeal is still pending.

The administrative complaint is a
separate legal proceeding, in which the regulators are asking an administrative
law judge to enter a separate finding and order suspending Allstate’s
authority.

In the meantime, Allstate has
refused to budge.

Labels:

1/18/2008
Bob Grode, Attorney
Comments (0)

No Policies to be written by Allstate

Allstate has now been told by the Insurance Commissioner in Florida that no policies will be written in this state by Allstate until they fully comply with the state subpoena and provide all the documents. Allstate is dealing with this same issue in Missouri where they are racking up $25,000 PER DAY fines. They refuse to provide the documents, refuse to pay the fine and I assume just consider the fine a cost of doing business. They will probably react differently in