Photo of Litigation Blog Douglas M. McIntosh dmcintosh@smsm.com
954.869.0374
Douglas McIntosh is a shareholder in the firm's Ft. Lauderdale office and serves as co-chair of the firm's Insurance Coverage & Bad Faith practice group. He brings nearly …

Showing 3 posts by Douglas M. McIntosh.

Finally! Discovery Harassment of Top-Level Corporate Officers is Curtailed

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In a recent decision, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.280, adding a section to codify the “Apex Doctrine” and extend its protections to private corporate officers, whereas in the past it only protected high-level government officials. On its own sua sponte motion, the Florida Supreme Court found that it was best to apply the Apex Doctrine to both private and government officers to provide efficiency in the discovery process, as well as to prevent “undue harassment and oppression of high-level (company or government) officials.” More »

Florida Office of Insurance Regulation Issues Informational Memorandum on Insurer Continuity of Operation Plans on COVID-19

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On March 16, 2020, the Florida Office of Insurance Regulation ("OIR") issued an Informational Memorandum OIR-20-03M.  In that Memorandum, the Commissioner urged all regulated insurers to heed the guidance memos from the Centers for Disease Control and Prevention ("CDC"), as well as the Florida Department of Health ("DOH"), for businesses and employers. All companies regulated by the state OIR are required to review and update all Business Continuity Plans and/or Continuity of Operations “immediately”.  Such operations as policy issuance, premium collection, claims adjustment and payment, and policyholder services, must account for DOH and CDC guidance surrounding COVID-19. The OIR required immediate notice to the department by any regulated insurer, if that insurer has had to activate its Business Continuity or Continuity of Operations plans. Insurers must advise the DOI the date the plan was activated, and the name, phone number and email address of the company’s point of contact for continuity plan activation. Further, if in response to COVID-19 any business operations are compromised to the extent it may jeopardize ability to provide essential services to policyholders the company must immediately notify the DOI, by providing detailed information regarding the extent to which business operations are compromised, including how it impacts policyholders, and provide the name, phone number and email address of the point of contact for that issue.

COVID-19: Coverage Impact for Workers Compensation and Employers Liability Insurers

As the world  responds to the current coronavirus pandemic, also known as COVID-19, insurance companies will now, more than ever, be looked upon to respond to the widespread impact on businesses in all industries, including the impact on employees, their families and customers. It is a virtual certainty that in the coming days and months, employers will face an avalanche of claims relating to exposure to COVID-19. Those employers may look to their Workers Compensation and Employers Liability policies for coverage. Part One of a standard Workers Compensation policy provides coverage for an employer's statutory liabilities under workers compensation law, while Part Two provides coverage for liabilities arising out of employees' job-related injuries that are not otherwise covered under workers compensation law(s). More »

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