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Florida lawmakers proposed HB 427 last year in an attempt to “rein in plaintiff’s attorney’s attempts to trap insurance claims adjusters in bad faith situations.” The bill, which failed in the House Judiciary Committee would have required plaintiffs attorneys to give insurance companies a sixty day written notice stating that they intended to file a bad faith claim against the insurance company. Insurance attorneys have stated that bath faith claims arise when “a plaintiff’s attorney sends a policy limits demand to an insured containing a unilaterally-imposed deadline, typically ten days, for the insurer to pony up its policy limits under threat of a bad faith action against it if an excess judgment is obtained.” Insurance defense attorneys claim these demands do not give the adjuster adequate time to evaluate the claims and the demands contain little, if any of the needed information.

The failed bill states, “As a condition precedent to bringing an action either under this section or based on the common law claim of bad faith, the department and the authorized insurer must be given 60 days written notice of the violation. If the department returns a notice for lack of specificity, the 60 day time period shall not begin until a proper notice is filed.”
The notice to the insurance company would have had to contain:
1) The statutory provision or common law duty, including the statutory language, violated by the insurer.
2) A description of the facts and circumstances causing the violation and the amount of money the insurer failed to pay.
3) The names of persons involved in the violation.
4) The policy language relevant to the violation unless the action is brought by a third party claimant, then it shall not be required to reference the specific policy language if the insurer has not provided a copy of the policy pursuant to written request.
5) A statement the notice is given in order to perfect the right to pursue the civil remedy authorized by this section or by the common law.
The bill proposed that if any damages were paid out in regards to bad faith allegations within 60 days notice of the filing, “no action can be pursued and the insured is entitled to a general release from the claimant upon the insurer’s tender of the demanded amount in the notice or the applicable policy limits.”

As mentioned, the bill failed in the House Judiciary Committee and will not go into effect. Plaintiff’s attorneys are free to file a bad faith claim against insurers at any time and make demands within the confines of their clients’ policies.

Florida Lawmakers Attempt to Rein in ‘Bad Faith Set-Ups’, www.claimsjournal.com January 30, 2012.

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On Wednesday, August 24, John Friedland, managing partner of the Friedland | Carmona and Michael Carmona, associate attorney at the Friedland | Carmona worked with the Community Partnership for the Homeless, serving food to those in need. Mr. Friedland’s wife and two young sons joined the two attorneys in helping the homeless. Serving the homeless enabled Mr. Friedland, his family, and Mr. Carmona to give back to the Miami-Dade community.

Mr. Friedland and Mr. Carmona joined other members of the Miami Dade Justice Association to participate in this community activity. Mr. Friedland is a former president of the Miami Dade Justice Association and continues to participate in as many of their community service activities as he can. Understanding that times are difficult for many families in the Miami-Dade community right now, the attorneys are glad they were able to give back the community this way. The Community Partnership for the Homeless is located on 1550 N. Miami Avenue in Miami.

Homeless1.JPG The attorneys at the Friedland | Carmona have always been dedicated to helping their community. Mr. Friedland is an active participant in the Big Brother Big Sister program in Miami-Dade County and coaches multiple youth basketball teams, including teams in Pinecrest, at Beth Am Temple and for the Florida Justice Association. Additionally, Mr. Friedland is an active supporter in the fight against Multiple Sclerosis. Mr. Carmona is an active supporter of the Cuban community in South Florida. He is a member of the Cuban American Bar Association and the Florida Justice Association. Mr. Carmona is also dedicated to helping children in the Miami-Dade community–earlier this year, Mr. Carmona spoke to a first and fourth grade classes at the Coral Terrace Elementary School’s Career Day and he is an active member of the Kiwanis Club of Little Havana, helping underprivileged kids in the Miami-Dade area.

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CD3.jpg On Wednesday, April 27, 2011, Miami personal injury lawyer Michael J. Carmona of the Friedland | Carmona visited Coral Terrace Elementary for Career Day. Mr. Carmona had the opportunity to speak to a 4th grade and 1st grade class. One of the classrooms is taught by Mr. Carmona’s mother, Teresita Carmona. Attorney Michael Carmona spoke to the kids at Coral Terrace regarding the importance of pursuing their dreams and setting goals in life. Mr. Carmona emphasized the significance of getting a college degree. He also shared his own personal life story as being the son of immigrant parents who had to leave their country, Cuba, due to political reasons. Mr. Carmona was able to communicate and relate to the kids at Coral Terrace Elementary as many of them have either come from Cuba or are children of Cuban immigrants. As such, Mr. Carmona understands the different challenges that today’s youth are facing as he has gone through many of the same experiences.

Mr. Carmona would like to personally thank the Miami-Dade Public School system as well as the teachers, staff and children at Coral Terrace Elementary for giving him the opportunity to speak in front of several classrooms. Mr. Carmona still remembers when he was sitting in his elementary classroom and got to listen to police men, doctors, fire fighters, news anchors and how those professionals helped give him motivation and set goals in life. CD5.jpg As a result, Miami personal injury lawyer, Michael J. Carmona, was glad to give back and hopefully help the future in forming their dreams.

Coral Gables personal injury lawyer Michael Carmona is very active and involved in the community of South Florida. He is an active member with the Kiwanis Club of Little Havana which helps the underprivileged kids within the community of Miami. He is also an active member with CABA (Cuban American Bar Association) as well as the FJA (Florida Justice Association). The Fort Lauderdale personal injury lawyers at the Friedland | Carmona believe it is important to give back to the community. When managing partner, Jonathan Friedland, opened up his firm in 2000 he wanted to make sure his firm was actively involved throughout South Florida and making differences in people’s lives. Coral Gables personal injury lawyer Jonathan Friedland has been actively involved with the Big Brother Big Sister program, fighting against MS (Multiple Sclerosis) coaching youth basketball and soccer teams in Pinecrest and Beth Am Temple and FJA (Florida Justice Association).

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champs 2.jpgThe Miami personal injury lawyers at the Friedland | Carmona are committed to being involved in the South Florida community. This past weekend Miami personal injury lawyer Michael J. Carmona won his second straight soccer championship with his “Hammocks” team in the Miami Sport and Social Club league. The soccer league is played in the South Miami and Coral Gables area. The soccer league is an 8 vs. 8 coed league requiring a minimum of three girls on the field. Miami injury lawyer Michael Carmona’s soccer team includes his girlfriend and some of his closest friends since Christopher Columbus High School.

The Kendall personal lawyers at the Friedland | Carmona are dedicated to being involved in the Miami-Dade community. Founding partner Jonathan Friedland has been a main sponsor with the University of Miami Multiple Sclerosis Clinic. Jonathan and his wife have helped raise over $30,000.00 for this clinic. The clinic has helped thousands of people battling Multiple Sclerosis. The Friedland | Carmona is happy to be so involved with the Miami-Dade community and enjoys giving back. Mr. Friedland is also a competitive tri-athlete. He competes in ironman triathlon competitions throughout the world. Univ of Miami Medicine Logo.gif Hialeah personal injury lawyer Jonathan Friedland qualified and competed in the Ironman World Championship in Kona, Hawaii which is regarded as the most prestigious and competitive triathlon competition in the world. Mr. Friedland will also compete this fall in the World Championship triathlon in Las Vegas, Nevada.

kiwanis.jpg Miami car accident lawyer Michael Carmona is also involved in helping the Miami-Dade community. Mr. Carmona enjoys spending much of his free time and weekends performing community service in the Kendall, Hialeah, Miami and North Miami area with the Kiwanis Club of Little Havana. The Kiwanis Club of Little Havana has raised millions of dollars to local charities throughout the South Florida community. The Kiwanis of Little Havana gives thousands of dollars in donations annually to the Children’s Cancer Clinic, Centro Mater, Kiwanis Horses for the Handicapped, Centro Hispano Catolico and Camillus House just to name a few. The Kiwanis Club of Little Havana offers scholarship opportunities, basketball leagues, sports camps, book bags full of school supplies and Christmas toys to underprivileged kids in South Florida. Kiwanis Club of Little Havana has been the founder and sole organizer of Calle Ocho, Carnival Miami and Carnival Miami.

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NYE.jpgThe personal injury lawyers at the Friedland | Carmona would like to wish everyone in the state of Florida a safe and happy New Year! Partner Jonathan R. Friedland and associate Michael J. Carmona have over a combined 20 years experience in handling personal injury accidents throughout the entire state of Florida which includes Miami-Dade, Broward, Palm Beach, Monroe, Hillsborough, St. Lucie and Orange County just to name a few. Our law office is committed to handling all types of personal injury accident cases including car accident, slip and fall, medical malpractice, dog bite, negligent security, wrongful death and product defects.

Throughout the years the Friedland | Carmona has noticed an increase in car accidents occurring at the turn of the calendar year due to alcohol related accidents on New Year’s Eve and January 1st early morning. As such, we would like to advise you to please be careful while celebrating the New Year. Remember that if you are going to be drinking please make sure to have a designated driver or call a taxi. Also, it is important to drive with caution on the night of New Year’s Eve since others around you may be drinking and driving.

Car accidents are the leading cause of death in the U.S. for all age groups from 1 to 34 years of age. Almost half of these fatal car accidents are alcohol related–32%. During the holiday period alcohol related car accident fatalities tend to be higher than that during the non-holiday period.

In 2008, 11,773 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third of all traffic-related deaths in the United States. In 2008 over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics.” – Department of Transportation (U.S.).

Department of Transportation Traffic Safety Facts, www.dot.gov/, December 31, 2010.

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art basel 4.jpgOn Thursday, December 2, 2010, Michael J. Carmona, an associate with the Friedland | Carmona, showed his support for local Miami Artists in the “Art Basel Miami Week” exhibition held throughout Downtown Miami, Brickell, Coral Gables, the Design District of Miami, South Miami, North Miami and other areas throughout South Florida. Art Basel was held in Miami from December 1st to December 5th. Art Basel Miami is considered one of the most prominent and important art fairs held in the United States.

Miami injury lawyer, Michael Carmona, of the Friedland | Carmona attended the “Art of Basketball Miami” which was sponsored by NBACares. art basel 3.jpg The NBA donated 180 official NBA game ball basketballs and backboards to be used as art canvases for this art exhibit. Amazingly, all 36 backboards displayed at the Art of Basketball Miami exhibit sold for $10,000. The event featured some of the best graffiti and street artists of the world.

One of these featured artists was personal injury lawyer Michael Carmona’s cousin, Sofia Maldonado. Sofia was born and raised in Puerto Rico and now currently resides between Puerto Rico, New York and Miami for various art projects, exhibits and lectures. Sofia Maldonado’s art work has been exhibited nationally in France, Cuba, Colombia, Miami, New York and Puerto Rico. She has even displayed her artwork on Coca-Cola cans and on in Time Square New York.

For more information on Sofia Maldonado please visit her website at: sofiamaldonado.com

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Univ of Miami Medicine Logo.gifOn November 17, 2010 The Friedland | Carmona was a main sponsor of The “Shop to Stop MS” fundraiser benefiting the University of Miami Multiple Sclerosis Clinic. The Miami based fundraiser was held at Saks Fifth Avenue’s Dadeland Mall location. The event raised in excess of $15,000.00 for MS patients who rely on the clinic for treatment of their disease. The Clinic provides medication, consultation with doctors and treatment to the thousands of Miami-Dade and South Florida residents who suffer with this neurologic disease.

Over 200 people attended the event. Each person in attendance received a $25.00 gift card to Saks Fifth Avenue and a 15% discount on all in store items that evening. Saks also agreed to donate 5% of the gross sales that evening to the Miami Chapter of the Multiple Sclerosis Society and the University of Miami Department of Neurology.

Friedland | Carmona managing partner, Jonathan R. Friedland, knows how important the Miami-Dade County fundraiser is as his wife, Nicole, was diagnosed with multiple sclerosis in 2008. The University of Miami treats thousand of citizens throughout South Florida with many patients traveling from South American countries where medical care and treatment is not as advanced. Patients rely on the doctors and staff at the Department of Neurology to guide them through the day to day challenges of Multiple Sclerosis. The lawyers and staff at the Friedland | Carmona are happy to support such a wonderful cause and considers charitable work to be part of their obligation to give back to the Miami-Dade and South Florida community.

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