The power of attorney is an important part of many Floridians’ estate plans. Even if you haven’t gotten around to drafting your own estate plan, you’ve probably heard those words before. Far too often, unfortunately, you might hear those words on the news in connection with someone who has abused their power of attorney powers (the agent) and taken advantage of someone else (the principal).  The exact authorities Read More

After experiencing a covered loss, the most pressing question for many insurance policy holders is: How much will the insurance company pay for my claim?  In the context of property insurance, insurance companies pay out through one of two structures: actual cash value or replacement cost value. This blog will cover the key differences between these two compensation methods.  Replacement Cost Value: What is it? In Read More

When applying for insurance, you need to be careful to not give untruthful answers on the application. If you do, the insurance company can rescind the policy – they can return your premiums, cancel the policy, and not pay on any claims. The law governing rescission in Florida can be found in Florida Statutes 627.409.  Florida’s 3rd District Court of Appeals applied this law in Nembhard v. Universal Property and Read More

Homeowners struggling to make mortgage payments don’t want to even think about the “f-word.” In this context, the f-word is “foreclosure.” While it certainly isn’t the end of the world if your house gets foreclosed by your mortgage lender, it’s worth considering alternatives. One option for borrowers/homeowners who owe more than the house is currently worth should think about executing a short sale.  How Does a Short Read More

Accord and satisfaction is a legal doctrine under which, when the creditor accepts payment tendered on the expressed condition that its receipt is deemed to be a complete satisfaction of the debt. In other words, when payment is presented on the express condition that its acceptance will settle the debt, and the creditor accepts the payment, the creditor cannot later claim that they were not paid in full and sue to Read More

We’ve previously discussed, here, what happens when an Insurance Company tries to invoke their option to repair under the insurance policy. Under Florida law, when an insurance company opts to repair damage instead of reimburse the policy holder, a contract is created between the insurance company and the policy holder that requires the insurance company to restore the property to its pre-loss condition. This is Read More

Trademarks are identifiers of your company’s services or goods; this can include a logo, phrase, word, or combination of sensory elements. We’ve previously covered the basics on trademarks and why your company needs these legal protections. To get federal protection for your trademarks, you need to submit a fairly comprehensive application to the U.S. Patent and Trademark Office. In this application, you must include Read More

So, you believe your insurance company has acted in bad faith. What's the next step? Is there any recourse for you? As we have previously discussed, Florida recognizes causes of action for insurance company bad faith. But before you race to the courthouse and file suit for bad faith, there are some steps you have to take. First, the insured must recover contractual damages under a separate action or through Read More

When your first child was born, you had to “grow up” rather quickly. You were now responsible for another human life. One thing you had to start thinking about is the possibility—remote, yet plausible—of something tragic happening to you and/or your child’s other parent. Who would take care of your child in that situation?  Use Your Last Will and Testament to Nominate a Guardian The simplest way for Florida parents Read More

As if 2020 didn’t throw enough hurdles our way, the hurricane season was a record-breaker. The season produced more named storms—30—than any previous season. The experts are calling for another season of above-average activity. Florida hasn’t seen a direct hit from a major hurricane since Hurricane Michael in 2018, but 2021 could break that streak. We’ve provided a checklist of essential items for Florida homeowners Read More