Thursday, April 19, 2012

Family Killed By Drunk Driver Receives $2.75 Million Over Policy Limits

Lipcon & Lipcon, P.A. (

Bad Faith Settlement

$2.85 million dollar settlement in case of Bad Faith claims handling.

Case: Estate of Suarez v. J. Muniz and Allstate Insurance Company

Court: Miami-Dade County Circuit Court, Honorable Jerald Bagley

Plaintiff's Attorneys: Lipcon & Lipcon. P.A., David W. Lipcon

In 2009, David W. Lipcon, of Lipcon & Lipcon, P.A., in Miami, Florida, was hired by the parents of a 19-year-old girl who was killed by a drunk driver. Christine, a college student home for vacation, was driving to her parent's home in Coral Gables when a car ran through a red light at an intersection, crashing into her, killing her instantly. The driver who ran the light had been drinking at a local bar. He surrendered at the scene and was charged with DUI Manslaughter. His insurance carrier refused to tender his insurance policy limits of $100,000.00 to the family claiming the traffic light was not red, and that he had the right of way, in spite of being legally drunk.

The family then hired Lipcon & Lipcon to represent them. David Lipcon, who has over nineteen years of experience in wrongful death/personal injury claims, was able to successfully obtain a settlement for the parents, of $2.75 million over the policy limits. The case was settled during Mediation when Lipcon brought in a team of bad faith and accident reconstruction experts.

Result: Settled before trial for $2.85 Million

Wednesday, April 18, 2012

Bed Bug Infestation! Hotel Settles With Family Attacked by Bed Bugs While Sleeping

Legal Business Review, Staff Writer
April 18, 2012

CASE: Keefe v. St. Augustine Hotel and Inn

Plaintiff Attorneys: Lipcon & Lipcon, P.A., David W. Lipcon

Facts and Allegations: Bed Bug Attack. Mrs. Keefe and her family were guests at the St. Augistine Hotel and Inn, in St. Augustine Florida, on July 21, 2011. They were vacationing to celebrate a family engagement. Some time during the night, Mrs. Keefe was attacked by a swarm of bed bugs that were infesting the mattress and sheets that she was sleeping on. When she awoke, she was in extreme pain and discomfort. Her body was covered with bites, from head to toe. Her face was swollen and disfigured. She sought immediate medical attention.

When the issue was brought up to the hotel, they denied that there were bugs infesting the room. They did, however, offer to take ten percent (10%) off of her bill! They did not offer to pay her medical bills or even refund her, in full, for her stay.

The family hired the law firm of Lipcon & Lipcon, P.A. Although the firm is located in Miami, they specialize in Personal Injury Litigation throughout the state of Florida. Attorney David Lipcon reacted quickly by sending a team of investigators to the hotel. Negotiations with the hotels insurer began. After a few short weeks, the case was resolved. While the terms of the financial settlement remain confidential, the family reports that they were extremely satisfied with the compensation, which included amounts for pain and suffering as well as emotional distress. Further, as a condition of the settlement, the hotel agreed to completely sanitize the entire property and implement a protocol of monitoring and sanitizing the hotel in case of future infestations.

At first the insurance company was resistant to negotiate a settlement. However, Mr. Lipcon persisted. Based on his reputation of going to court and receiving favorable verdicts, the insurer, and the hotel, felt it was in their best interest to settle with the family.

Result: Settled Before Trial

Playground Injury - Case Settled

Charter School Pays for Injury to Student
Florida Legal Business Review, Staff Writer
An independent legal reporting newspaper

Case: A.R., a Minor v. Homestead Charter School

Court: Miami Dade County Circuit Court, 11th Judicial Circuit

Plaintiff’s Attorneys: David W. Lipcon, of Lipcon & Lipcon, P.A.

Facts and Allegations: Injury on school playground. A.R. (name withheld to protect the identity of the minor) only 5 years old, was a student at Homestead Charter School. On October 4, 2010, after it had rained for hours, A.R.’s teacher brought the class outside to play on the school playground. Despite being cautioned by other teachers that the monkey bars were slippery and muddy, due to the rain, A.R.’s teacher allowed the children to play on the monkey bars. When A.R. climbed to the top, because the bars were slippery, his hands slipped, causing him to fall to the ground. The fall caused him to fracture his forearm.

A.R.’s parents hired the Law Firm of Lipcon & Lipcon, P.A., a law firm in Miami, Florida that specializes in personal injury litigation. Lipcon’s investigation confirmed that other teachers at the school did not allow their children to play on the monkey bars because of the wet, dangerous condition.

The insurance company argued that the teacher was not negligent and that there was no liability for children playing on playground equipment. After months of negotiation, the lawyers at Lipcon & Lipcon were able to convince the insurance carrier, for the school, to pay the full amount of bodily injury coverage available.

Results: Settlement for full amount of insurance coverage available.

Comments: The school was unavailable for comment. David Lipcon stated that the family was very satisfied with the settlement and that proceeds were placed in a restricted Guardianship Account for the benefit of the child.