Liberty Mutual Insurance Co. v. Robert A. Lee, ASCO Services, Inc., et al, Case No. 6D2023-2377(Sixth District Court of Appeal of Florida, Feb 7, 2025 – Judge Keith R. Kyle)

(Court reversed and remanded final judgment for defendant in response plaintiff’s appeal to consider only benefits given up to the date of settlement, finding that Liberty Mutual was entitled to full reimbursement from defendant under Florida Statutes 440.39(3)(a), which does not specify timing and clauses that are affected by agreed settlement dates but that “the carrier shall recover a percentage of what it has paid”; that is, “the statute requires Liberty Mutual’s pro rata share to be determined based on the full amount of “benefits paid or to be paid.”)

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