Saalfield Shad continues a string of successful appeals on behalf of clients. The most recent case is a workers compensation case which involved the application of the “Known Loss Rule. “
Following a significant injury to an employee, the insured subcontractor immediately advised her agent. The agent had failed to obtain coverage as he had agreed to do weeks before. He, therefore, placed the policy with an effective date covering the accident. He did not inform the carrier that the loss had occurred. The claim was accepted and was settled, but a contribution claim was filed against the general contractor and its carrier. The Judge of Compensation Claims ruled against the subcontractor and in favor of the general contractor. The First District Court of Appeal reversed and instructed the lower Court to enter judgment in favor of the firm’s client, the subcontractor. The Court reasoned that the Known Loss Rule, under the facts of this case, prohibits the issuance of a policy after a loss has occurred.
A relatively small number of cases are reversed on appeal. Richard Stoudemire, a shareholder, and Board-Certified workers’ compensation lawyer, along with attorney William Stone, Jr. briefed the Court.
In addition to the Workers Compensation contribution claim, the errant agent was sued as well. Based on the results of the two claims, the client will be made fully whole, including all attorney fees, in the amount of approximately $215,000.00.
“It is difficult to have a lower court order reversed on appeal. However, in this case, the facts and law were on our side,” said Richard Stoudemire. “The client is very happy to be receiving a repayment of approximately $215,000 as a result of this victory.”
As an independent Jacksonville-based civil litigation law firm the attorneys at Saalfield Shad have represented self-insured entities and insurance companies in North Florida for decades. The firm’s lawyers have extensive trial experience in state and federal courts, exceptional litigation skills, and diversified practices. With deep local ties in the community, they have built a reputation for successful representation, proactive and personalized counsel, and outstanding client service.
Disclaimer: Prior results achieved by Saalfield Shad, P.A. do not guarantee a similar outcome for other clients