10 Fla. L. Weekly Supp. 265a
Insurance — Personal injury protection — Attorneys — Disqualification — Prior employment by insurer — Motion to disqualify denied
MEDICAL CARE OF FT. LAUDERDALE INC., Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-18633 (54). February 3, 2003. Zebedee W. Wright, Judge. Counsel: Brian Korte, Kane, & Kane, P.A., Boca Raton.
THIS CAUSE came on to be heard on Defendant’s, Progressive Express Insurance Company Motion To Disqualify the Law Firm of Kane & Kane from representing their within client based on the record evidence in the file. The Court having heard argument of counsel apparently on the theory of co-counsel, it is clear from this record that Glenn Seigel the alleged culprit in this scenario is employed by the law firm of Kane & Kane. His prior employer was Progressive Insurance Company, the movant.
This Court in accordance with the procedure as set out in case law, on review of the Defendant’s Motion To Disqualify on the record evidence to wit: depositions, affidavits, announcements, advertisements and confidentiality agreement, finds:
That the Defendant, Progressive Express Insurance Company, has not established a prima-facie case of disqualification of the law firm of Kane & Kane, whereupon it is
ORDERED AND ADJUDGED that the Defendant’s Motion To Disqualify Kane & Kane is hereby DENIED. Any prior orders of stay in this file is vacated and the case is to proceed forthwith.
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