An appeal to the Florida District Courts or Eleventh Circuit Court of Appeals is often the last step in the recovery of insurance benefits. The vast majority of attorneys do not have the experience or expertise to handle an appeal of their client's case. At The Simoes Law Group we will represent you through the appellate process. This practice ensures that our clients are continuously represented by the attorney that is the most familiar with the legal and factual intricacies of the case.
As a former law clerk with the Mississippi Court of Appeals, Kimberly Simoes has handled numerous cases in state and federal appellate courts. Often associating with Shannon and Chris Carlyle at The Carlyle Appellate Law Firm, our clients receive the highest caliber of appellate representation available.
Kimberly P. Simoes
Recent Decisions:
The United States District Court for the Southern District of Florida found against State Farm Mutual Automobile Insurance Company for systematically failing to correctly reimburse Florida medical providers for MRI services. The Court held that Florida's no-fault law did not allow reduction of reimbursements for MRI services under Medicare's special rule. All Family Clinic of Daytona Beach, Inc. on behalf of itself and all others similarly situated vs. State Farm Mutual Automobile Insurance Company, 2011 WL 4954171 (11th Cir. 2011)
The Fifth District Court of Appeals determined that Peachtree Casualty Insurance Company's "suspicion" that the policyholder had staged the motor vehicle accident was insufficient to justify the insurance carrier's nine month delay in failing to pay the policyholder's property damage claim. Barreau v. Peachtree Casualty Ins. Co., 2012 WL 162035 (5th DCA 2012)
The Fifth District Court of Appeals found that the trial court properly dismissed a defendant's counterclaim against the plaintiff's medical provider wherein the defendant sought to add the doctor as a co-defendant to the Plaintiff's personal injury lawsuit. Berrios v. Deuk Spine, et al., 2011 WL 5598323 (5th DCA 2012)
The Second District Court of Appeals held that Infinity Insurance Company had filed a lawsuit against a medical provider for civil theft which lacked substantial or legal support. The Court awarded attorney fees to the medical provider due to Infinity's baseless claim. Nodal v. Infinity Auto Ins. Co., 50 So. 3d 721 (Fla. 2d DCA 2010)
The Eleventh Circuit Court of Appeals found that State Farm violated Florida's No Fault Law on three policyholder claims when State Farm discontinued payment for the policyholders' medical care without first obtaining the required medical opinion. Earl Byers, et al. v. State Farm Mutual Automobile Ins. Co., No. 10-10816 (11th Cir. May 23, 2011)
