by Dan Bushell | Jul 29, 2014 | General Civil Litigation, Insurance Coverage
Last week, two federal courts of appeals–the 4th Circuit and D.C. Circuit–considered whether the IRS reasonably interpreted the Affordable Care Act as allowing the IRS to give tax credits to taxpayers that purchase health insurance through an exchange set...
by Dan Bushell | Nov 21, 2013 | Constitutional Litigation, Florida District Courts of Appeal, Insurance Coverage, Tort/Injury Litigation
Florida’s acupuncture physicians and massage therapists recently learned that they are (again) ineligible to be paid PIP benefits for treating automobile accident victims. Chiropractors learned that PIP coverage of their services has (again) been curtailed as...
by Dan Bushell | Aug 1, 2013 | Florida District Courts of Appeal, Florida Supreme Court, General Civil Litigation, Insurance Coverage, Products Liability, Tort/Injury Litigation
People make mistakes. Even lawyers. Even judges. We are all human after all, and to be human is to be fallible. In the pressure-packed environment of a trial or hearing, the probability that a mistake will be made is even greater. Part of the job of an appellate...
by Dan Bushell | Apr 16, 2013 | Constitutional Litigation, Courts, Criminal Law, Family Litigation, Florida District Courts of Appeal, Florida Supreme Court, General Civil Litigation, Insurance Coverage, Probate Litigation, Products Liability, Real Estate & Foreclosure Litigation, Tort/Injury Litigation
In the past few years, the strangest things have started appearing in appellate decisions: images. That has been seen as so revolutionary that it has been widely covered in the legal press, with 7th Circuit opinions authored by Judge Richard Posner (as is often the...
by Dan Bushell | Jan 15, 2012 | Insurance Coverage
The 11th Circuit is back in full swing releasing opinions after a brief hiatus during the holiday season. Among the decisions handed down last week was Storcher v. Guarantee Trust Life Insurance Company, a decision on insurance coverage under a home health care...
by Dan Bushell | Dec 7, 2011 | Insurance Coverage
It looks like I spoke too soon. Not long after I wrote that the 3rd DCA would not be offering its view on when auto insurers may take advantage of the 2008 amendments to Florida’s No Fault Law to limit personal injury protection reimbursements, declining to...