ContactSteve Jaffe, Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L.
(954) 524-2820
Kim Sailer, BARD Marketing/PR
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Farmer, Jaffe Weissing's Supreme Court Wins a Victory for Clients & Consumers
Fort Lauderdale, FL - Last week the Florida Supreme Court justices ruled against insurance companies and in favor of policyholders and medical providers regarding three cases with very different circumstances. Two of these cases were briefed and litigated by the trial attorneys at Farmer, Jaffe Weissing, Edwards, Fistos & Lehrman, P.L.
In the first matter, the high court ruled insurers cannot escape the terms of their own policies. On July 3, 2013, the Florida Supreme Court issued its opinion in Washington National Insurance Corporation, etc. v. Sydelle Ruderman, et al. Attorney Gary Farmer, Sr. briefed and argued the case for the insured’s to the Supreme Court in fall 2012. Attorney Mark S. Fistos and Co-counsel Neil Rose had successfully briefed and argued the case in the trial and lower courts. The Florida Supreme Court confirmed that Florida law requires insurance carriers to draft insurance policies clearly, and if they do not, they, not their policyholders, are responsible.
Attorneys Steve Jaffe, Mark Fistos and Seth Lehrman litigated the class action case with Steven Dunn Co-counsel. They represented hundreds of elderly class members who suffered from various ailments necessitating home health services to assist them with their activities of daily living. Their care was to be paid for by their long-term care insurance policies issued or maintained Washington National.
“This has been a long fight—we began this case in 2008—On behalf of my partners, co-counsel and most importantly our clients we are all very grateful today. Our clients can rest easy tonight that they will have insurance coverage for the balance of their lives,” Steve Jaffe said after reading the opinion.
In the second matter, on July 3, 2013, the Florida Supreme Court issued its opinion in the closely watched case of GEICO General Insurance Co. v. Virtual Imaging Services, Inc. Attorney Gary Farmer, Sr. served as counsel on behalf of the Florida Medical Association. At issue was the personal injury protection coverage and payments made for magnetic-resonance imaging tests that were performed after a Geico customer was injured in an auto accident in 2008.
The court ruled that “state law allowed Geico to use the Medicare-based formula, but that the insurer needed to disclose its intent to do so,” and “In order to exercise the option, the insurer must provide notice in the policy of its election to use the fee schedules."
“We are happy the court agreed with our position we have taken since the beginning of this case,” Gary Farmer, Sr. said after the ruling.
Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., a Fort Lauderdale Litigation firm, focuses on Consumer Class Actions, Personal Injury, and Whistleblower Suits (qui tam). The firm is headquartered at 425 N. Andrews Avenue, Suite 2 and may be reached at (800) 400-1098 or (954) 524-2820. Additional information about Gary Farmer, Sr., Steven Jaffe, Mark Fistos, Seth Lehrman or Farmer, Jaffe, Weissing, Edwards & Lehrman, P.L. may be obtained from the firm’s website at http://www.pathtojustice.com or connect on LinkedIn at http://www.pathtojustice.com/about-us/social-media-links/.