Why a Short Sale is a Good Alternative to Foreclosure

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

Caselaw Wednesdays – Should I cash the check the Insurance Company sent me?

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

CASELAW WEDNESDAYS – DID YOUR INSURANCE COMPANY INVOKE THE RIGHT TO REPAIR AND NOT TELL YOU?

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

Submitting a Proper Trademark Specimen

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

CONDITIONS PRECEDENT TO FILING A BAD FAITH ACTION

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

Who Will Take Care of Your Kids Tomorrow if Something Happens to You Today?

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

5 Things Floridians Should Do Before Hurricane Season

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

Caselaw Wednesdays – What happens to policy conditions when an Insurance Company repairs your property?

It is a homeowner’s nightmare. Extensive damage occurs to your home. You call your homeowner’s insurance to make a claim to get it fixed. The insurance company hires a contractor who does substandard work. If you sue, can the insurance company point to some requirement in the contract of insurance they claim you didn’t follow to get out of paying for the substandard work their contractor did? According to Florida’s Read More

How Do Insurance Claims End Up in Litigation?

You’ve paid your homeowners insurance provider on time, in full, for years. When you experience what is obviously (to you) a covered loss, you rightfully expect that your insurance company will be there for you. Many insurance claims are settled for policyholders in a satisfactory way, but it doesn’t always work out for other policyholders. If you and your insurance company don’t see eye-to-eye on the merits of a Read More

Burden of Proof on an All Risks Policy in Florida

Recently, a colleague of ours in the industry published a blog post regarding burdens of proof in an all risks policy scenario in Florida. His blog post can be found here and here. We think that the author’s analysis in that post is flawed. It is important to first understand what an all risks policy is. An all risks policy covers fortuitous loss or damage to property other than that resulting form willful misconduct Read More