Agenda 01/15/2008 Item #16K 2
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EXECUTIVE SlIMMARY
Recommendation to approve the Statement of Insured Client's Rights wherein the County
is authorizing National Inkrstate Insurance Company to retain David R. Howland,
Esquire, of the Law Offices of David R. Howland to represent the County in the lawsuit
entitled Alberta St. .John, as Parent and natural guardian of Susan St. John v. Lyons
Transportation Services. Inc., et aI., filed in the Twentieth .Judicial Circuit in and for
Collier Connty, Florida, Case No. 07-752CA, pursnant to an indemnification agreement
with Lyons Transportation Services, Inc.
OBJECTIVE: That the Board of Coumy Commissioners approve the Statement of Insured
Client's Rights wherein the County is authorizing National Interstate Insurance Company to
retain David R. Howland. Esquirc. of the Law Offices of David R. Howland to reprcsent the
County in the lawsuit entitled Alberta S1. John. as Parent and natural guardian of Susan St. John
v. Lyons Transportation Services. Inc.. et aI., filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 07-752CA. pursuant to an indemnilication agreement with
Lyons Transp011ation Servie-es. Inc.
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CONSIDERA TIONS: The lawsuit stems from an allege July 28. 2006, auto accident wherein,
Plaintiff Susan S1. John. alleges she was a passenger in a transp0l1 vehicle being operated by
Lyons Transportation Services. Inc. Plaintiff Susan St. John alleges that while being transported
the vehicle was involved in a collision and as a result of the collision she sustaincd injuries.
Plaintiff Alberta S1. John, guardian of Plaintiff Susan St. John. alleges thc driver of the transport
vehicle t11iledto properly sccure Susan St. John in the vehicle. PlainliJ'is have filed a lawsuit
against several individuals, Lyons Transportation Services. Inc., Collier Transit Management,
Inc., and Collier County. Thc Amended Complaint incorporated Collier County as a defendant
and allege's Collier County is vicariously liable lor the driver's negligence of the County owned
vehicle. Pursuant to the County's contract with Collier County Transit J'v1anagcment. Inc. and
Lyons Transportation Services, the County's delense has been tendered to Lyons Transp(lI1ation
Services. Inc. and Lyons T;'ansponation ~.cl'\'iees. Inc. has accepted same which requires the
signing of a Statement of Insured Clien('s Rights.
FISCAL IMPACT: No liscal impact.
GROWTH MA:'\'AGEME~T IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: That the lloard of County Commissioners' execute the
Statement of Insured Client's Rights and authorize the National Interstate Insurance Company to
retain David R. Howland. Esquire. of the Law Offices of David R. Uowland to represent the
County in the lawsuit entitled Alberta SI. John. as Parent and natural guardian of Susan S1. John
v. Lyons Transportation SCl'\ ict's. lnc.. c't aI., J1lcd in the Twentieth Judicial Circuit in and jt)r
Collier County, Florida. Case No. 07-752CA. The Risk Management Departmenl supports this
request.
".-. RECOMMENDA nON: That the Board of County Commissioners' approve the Statement of
Insured Client's Rights and execute any necessary documentation.
PREPARED BY: William E. \.1ountford. Assistant County Attorney
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COLLIER COUNTY
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ALBERTA ST. JO~~" as parent and natural quardian of SUSAN ST.
JOHN v. LYONS TRANSPORTATION SERVICES, INC., KYMNIADA AFRICOT,
NAYELLI M. MARTINEZ, COLLIER TRANSIT MANAGEMENT, INC., and
COLLIER COUNTy, a subdivision of the State of Florida
Collier County Case No.: 07-752-CA
STATEMENT OF INSURED CLIENT'S RIGHTS
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
as the governing body of Collier County
An insurance company has se~ected a lawyer to defend a lawsuit or
claim against you. This Statement of Insured Client's Rights is
being given to you to assure that you are aware of your rights
regarding your 2.egal representation. This disclosure statement
highl ights maclY, but not all, of your rights__ when YOClr legal
representation is being provided by the insurance company.
1. Your Lawyer. If you have questions concerning the selection
of the lawyer by the insurance company, you should discuss the
matter with the insurance company and the lawyer. As a client, you
have che right to know about the lawyer's education, training, a~d
experie:1ce. If y'ou ask, tl1e lavlyer should teil YOll specifically
about the la~yerfs act~al experience dealing with cases simi12r ~o
yours and give you this informacion in writing, if you request ii.:.
Your lawyer is respo:1si~l~ for keepin9 you reasonably inforrned
regarding the case and p2:omptly complying witl1 Y8ur reasonable
requests fo~ information. You ar2 e~tit~ed to be informed of the
final disposition of ycu~ case within a reasonable time.
2. Fees and Costs. Usually the ins~ra~ce company pays all of
the fees and costs of defending the claim. If you are responsib~e
relY directly paying the lay,,11"er fC2: c.;.ny fees or costs, your lawyer
must. prom.;:,tly ':':lfo:nn you of that.
3. Directing the Lawyer. If YOl;r pol icy, like most ins,-,rance
policies, provides for tne insura~ce company to control the defense
of the lawsuit, the laWj'el.~ will be taking insJ:ructiO:1s from the
insurance company. Unde~ such policies, the la'/y-yer CEl:1not act
soJ.ely on your instruc-:.ions, cind at the sam2 t.ime, cannot act
co~trary to your interests. Your pre:erencf::s should he communicated
to the la\..ryer.
4. Litigation Guidelines. Many insurance cocnpanies establish
guidelines governing hOVJ lawyers are to proceed :n defending a
claim. Sometimes those guidelines affect the range of actions the
lawyer can take and may require authorization of the i:lsurance
company before certain actJons are undertaken. You a~'e er~titled to
know the guidelines affecting the extent and level of legal
services being provided to you. Upon request, the lawyer O~ tr.e
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insurance company should either explain the guidelines to you or
provide you with a copy. If the lawyer is denied authorization to
provide a service or undertake an action the lawyer believes
necessary to your defense, you are entitled to be informed that the
insurance company has declined authorization for the service or action.
5. Confidentiality. Lawyers have a general duty to keep secret
the confidential information a client provides, subject to limited
exceptions. However, the la~yer chosen to represent you also may
have a duty to share with the insurance company information
relating to the defense or settlement of the claim. If the lawyer
learns of information indicating that the insurance company is not
obligated under the policy to cover the claim or provide a defense,
the lawyer's duty is to maintain that information in confidence. If
the lawyer cannot do so, the lawyer may be required to withdraw
from the representation without disclosing to the insurance company
the nature or-the conflict of interest which has arisen. Whenever
a waiver of the lawyer-client confidentiality privilege is needed,
your lawyer has a duty to consult with you and obtain your informed
consent. Some insurance companies retain auditing companies to
review the billings and files of the lawyers they hire to represent
policyholders. If the lawyer believes a bill review or other action
releases information in a manner that is contrary to your
interests, the lawyer should advise you regarding th~ matter.
6. Conflicts of Interest. Most insurance policies state that
the insurance company will provide a lawyer to represent your
interests as well as those or the insurance company. The lawyer is
responsible for identifying conflicts of interest and advising you
of them. If at any time you believe the lawyer provided by the
insurance company cannot fairly represent you because of conflicts
of interest between you and the company (such as whether there is
insurance coverage for the claim against you), you should discuss
this with the lawyer and explain why you believe there is a
conflict. If an actual conflict cf interest arises that cannot be
resolved, the insurance company may be required to provide you with
another lawyer.
7. Settlement. Many policies state that the insurance company
alone may make a final decision regarding settlement of a claim,
but under some policies your agreement is required. If you want to
obj ect to or encourage a settlement wi thin policy 1 imi ts, you
should discuss your concerns with your lawyer to learn your rights
and possible consequences. No settlement of the case requiri~9 you
to pay money in excess of your policy lim~ts can be reached without
your agreement, follow~ng full disclosure.
8. Your Risk. If you lose the case, there might be a judgment
entered against you for more than the amount of your insurance, and
you might have to pay it. Your lawyer has a duty to advise you
about this risk and other reasonably foreseeable adverse results.
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9. Hiring Your Own Lawyer. The lawyer provided by the
insurance company is representing you only to defend the lawsuit.
If you desire to pursue a claim agair.st the other side, or desire
legal services not dlrectly related to the defense of the lawsuit
against you, you will need to make your own arrangeme!1ts with this
or a!1other lawyer. You also may hire another lawyer, at your own
expense, to moni tor the defense being provided by the insurance
company. If there is a reasonable risk that the claim made against
you exceeds the amount of coverage under your policy, you should
consider consulting another lawyer.
10. Reporting Violations. If at any time you believe that your
lawyer has acted in violation of your rights, you have the right to
report the matter to The Florida Ba~, the agency that oversees the
practice and behavior of all lawyers in Florida. For information on
how to reach The Florida Bar call (850) 561-5839 or y~u may access
the Bar at www.FlaBar.o~a.
IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS,
PLEASE ASK FOR p~ EXPLANATION.
The undersigned hereby certifies that this Statement
Insured Client's Rights has been provided by U.s. mail to Board
Cou~ty Commissioners of coll~ County, as the gove~ning body
Collier County, C'!1 lhis 9VG day of November, 2007.
of
of
of
Law Offices of David R. Howland
5915 Po~ce de Leo~ Blvd. I Suite 26
Coral Gables, FL 33146
T<:::leL:Jhone: (305) 662-9510
?ax: (305) 662-4339
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BY: ' r~9{-i~~
DAVID R. HOWLAND, ~SQ.
Fla. Bar Number 127763
BOARD OF comr.ry COMMISSIONERS OF COLLIER
COUNTY, as the governing body of Collier
Cocmty
By,
Its:
Date:
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