Lawyers Suffer From Florida Assignment of Claims Cases

0
4K

Lawyers Suffer from Florida’s Problems with Assignment of Claim Suits

When a Lawyer Represents a Fraud It is Essential to Clearly Withdraw on that Ground

https://lnkd.in/gghMUzhB

Kovar Law Group, PLLC (KLG), represented Benchmark Consulting, Inc. d/b/a Castle Roofing (Castle) in more than 90 lawsuits against insurers based on assignments of benefits assigning its claims to Castle. KLG sued to recover contingent fees it claimed it earned after it withdrew from representation of Castle because it claimed withdrawal was mandatory after it learned Castle was involved in presenting fraudulent insurance claims.

In Kovar Law Group, PLLC v. Benchmark Consulting, Inc., Florida Court of Appeals, Second District (December 1, 2021) resolved the lawyers claim for fees.

Castle alleged that KLG filed charging liens in each of the ninety matters it represented Castle in prior to its withdrawal of representation and that it would be unfair to Castle, and an unnecessary burden on the courts, to allow repeated litigation of the same issue when each lien involves what is essentially the same controversy.

KLG withdrew from representation and filed a charging lien, claiming that it had not received full payment from Castle for the legal services it had rendered and the costs it had advanced.

ANALYSIS

Collateral estoppel generally “comes into play in a case when, in an earlier proceeding involving a different cause of action, the ‘same parties’ litigated the ‘same issues’ that are presented once again for decision.”

The parties litigating the charging lien dispute are the same-KLG and Castle. The federal court ruled that KLG voluntarily withdrew from representation before the occurrence of the contingency contemplated by the parties’ agreement and thus forfeited its claim to compensation.

Judgment of the federal case is conclusive on the issue of whether KLG voluntarily withdrew from its representation of Castle.

When a law firm represents an insurance litigant in more than 90 separate matters and only learns of what it believed to be insurance fraud after filing more than 90 lawsuits and then withdraws without an explanation as to why and how the law firm concluded its client was committing fraud strains credulity. The federal court that first heard the issue concluded that the withdrawal was voluntary and not due to the discovery of fraud which would have made the withdrawal mandatory. Lawyers are, by definition, detail oriented. To not paper the withdrawal of representation clearly and then file 90 liens and attempt to litigate them separately after losing in the federal court is the reason for collateral estoppel. KLG’s liens failed because it did not advise Castle clearly of the reasons why it had to withdraw and because, after it lost in one of the 90 cases it tried the same issue over again in the remaining 89.

Sponsorluk

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Site içinde arama yapın
Kategoriler
Read More
Other
Allocation of Fault is a Factual Determination for a Jury
Allocation Of Fault Is A Factual Determination For The Jury Read the full article at...
By Barry Zalma 2020-10-19 12:24:18 0 4K
Other
Why to Never Take an Assignement of Claim Against an Insurer
Why to Never Take an Assignment of Claim Against Insurer Read the full article at...
By Barry Zalma 2024-02-16 14:12:30 0 2K
Other
Failure of Lawyer to Report Claim Defeats Claim
Failure of Lawyer to Report Claim Fatal to Coverage Read the full article at...
By Barry Zalma 2023-03-24 12:47:20 0 3K
Other
150 Insurance Law and Insurance Claims Videos Now Available at Rumble.com/Zalma
Free Training and Education for Anyone Interested in Insurance Claims and Insurance Law Barry...
By Barry Zalma 2021-03-03 18:59:19 0 9K
Politics
Two-tiered Justice
John Edwards spoke of the two Americas: "We live in Two Americas, one for the wealthy and...
By TomKat Movie 2024-06-07 08:28:47 0 2K