Matthew Scarborough

Case Law Updates

  • By: Scarborough Attorneys at Law
  • Published: November 20, 2012

The Fourth DCA in Slominski v. Citizens Insurance, 37 Fla. L. Weekly D2339, October 3, 2012 determined a summary judgment for the insurer was proper when they established "prejudice".  The insured filed a claim three and one half years post Hurricane Wilma.  Citizens denied the claim asserting the damages could not be related to the Hurricane and the policy required "prompt…Read More

  • By: Scarborough Attorneys at Law
  • Published: November 19, 2012

The Fourth DCA in James v. Veneziano, 37 Fla. L. Weekly D2338, Oct 3,2012 held that while a Defendant'a medical records showing  health problems in the form of a brain tumor causing memory issues may have to be examined by the court, they can't be produced unless and until the court has an "in camera" inspection. The inspection is to determine…Read More

  • By: Scarborough Attorneys at Law
  • Published: March 12, 2012

Ladies and Gentlemen: The bane of our mutual existence, public adjusters, have been regulated in the past by statutes involving conduct of licensed Florida adjusters.  With the advent of Florida Statute Section 626.854, a new era of public adjuster regulation has begun.  I strongly recommend EUO's where appropriate of public adjusters as their admissions (or lack thereof) often lead to…Read More

  • By: Scarborough Attorneys at Law
  • Published: March 12, 2012

Scarborough, Hull & Miller prevailed in a decision handed down by the Second District Court of Appeal in Earl R. Crowley v. Home Building Materials, Inc., and Stephen Padar, M.D., which was appealed in a writ of certiorari to prevent the trial court from ordering a physician to attend a deposition with the records of compulsory medical examination reports prepared…Read More

  • By: Scarborough Attorneys at Law
  • Published: November 8, 2011

Here is a link to a New York Times article that provides confirmation that MRIs are overused and not clinically important unless correlated with symptoms. Click here to view articleRead More

  • By: Scarborough Attorneys at Law
  • Published: August 17, 2011

Page 16 of the August 17, 2011 edition of the Tampa Bay Times (TBT) has some persuading statistics and commentary about the issued of staged car accidents throughout Florida. It is certainly worth a read.  Read More

  • By: Scarborough Attorneys at Law
  • Published: June 24, 2011

The Second District Court of Appeal held in USAA Casualty Insurance Company v. Callery, 36 Fla. Law Weekly D1230a (Fla.2nd DCA June 10, 2011) that a trial court’s order limiting the production of the last 20 compulsory examination reports of an IME doctor with the patient-identifying information redacted was error. The trial court’s order directed that only the physician’s conclusion/impressions,…Read More

  • By: Scarborough Attorneys at Law
  • Published: May 13, 2011

The Tampa police busted these clinics for staging accidents in Hillsborough County: Doctor Florida Rehabilitation located on 2123 W. Dr. MLK; Injury Health Care Therapy located on 5537 Sheldon Road; Recovery Rehabilitation Services located on 7025 W. Hillsborough Ave.; and Healing Touch located on 6821 W. Hillsborough Ave. We will continue to keep you posted on these developments.Read More

  • By: Scarborough Attorneys at Law
  • Published: March 16, 2011

Scarborough, Hull & Miller congratulates its managing partner, Matthew Scarborough on his recent victory. Mr. Scarborough filed an extensive initial Motion to Dismiss for Fraud which was denied. After additional discovery, the court entertained a renewed Motion to Dismiss for Fraud which was granted just two weeks before trial. The plaintiff was asking for medicals and lost wages totaling over…Read More

  • By: Scarborough Attorneys at Law
  • Published: February 25, 2011

The Fourth District Court of Appeal in Saris v. State Farm Mutual Automobile Insurance Company, determined that a uninsured motorist policy provision requiring the insured or policyholder to sue the owner or driver of an insured motor vehicle was void against public policy.  Therefore, the Plaintiff does not have to sue the tortfeasor prior bringing suit against the uninsured motorist…Read More

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