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

Caselaw Wednesdays – Does an Insurer Receive a Presumption of Prejudice When it Sues its Insureds?

It seems like every week, there is a new case discussing post loss obligations of an insured when presenting a claim and what the effects are by (1) failing to comply or (2) partial compliance. Last week was no different (and there was a twist!). In Enrique Arguello, et. al. v. People’s Trust, the Insured suffered a loss as a result of a plumbing leak. Shortly after reporting of the loss, the Insurer requested a Read More

What Are the Steps in the Homebuying Process?

For a lot of people, purchasing a house is the most significant financial commitment they will ever make. The homebuying process is often grueling and full of obstacles that can test anyone’s patience. Why do people do it? It’s simple — the feeling one gets from standing in the living room of their forever home for the first time is truly priceless. To get to that point, though, you have to navigate a fairly involved Read More

CASELAW WEDNESDAYS – WHAT IF AN INSURED FAILS TO APPEAR AT AN EUO?

Our office has previously discussed whether a public adjuster can appear at your Examination Under Oath (EUO). We have also discussed the parties that need to be produced for an EUO. But what if an Insured fails to appear at an EUO? As we have always stressed, compliance with post loss obligations is very important before an insurance company will pay your claim. But courts have endeavored to create some bright line Read More

CASELAW WEDNESDAYS – THE IMPORTANCE OF PRESENTING THE RIGHT EVIDENCE

When presenting an insurance claim for your home or business, it is important to remember the need to present evidence regarding your loss. Evidence can be in the form of photos, statements, documents, video, etc. Without the right evidence, your insurance claim may be denied and attorneys may have a tough time opposing a summary judgment motion in your case. In a recent case, Yoani Fernandez, et. al. v. Citizens, Read More

3 Reasons Why You Need an Attorney at a Real Estate Closing

In the interests of full transparency, we should note that the state of Florida does NOT require homebuyers or sellers to retain the services of a real estate attorney before closing on a house. Plenty of other states do, however, and for more than a few good reasons. Even though you can get away with closing on your dream home by relying on a realtor and title insurance provider, there are several compelling reasons Read More

What Can Be Trademarked?

A trademark is, arguably, the most widely used type of intellectual property for entrepreneurs and business owners. For this reason it is important to understand what can — and cannot — be trademarked in the U.S. This blog will cover the key details so you can have a solid strategy for protecting your company’s intellectual property.  What is a Trademark?  First, let’s cover what a trademark is. The U.S. Patent and Read More

Have a Trust for Your Estate Plan? 4 Reasons You Might Need One

Everyone’s estate plan is unique. What works for you might not work for your siblings, parents, or grandparents. Regardless, there are a few documents that a sizable portion of all estate plans contain. One of these popular documents is known as a “trust” and, contrary to popular belief, not just the wealthy and famous can make use of trusts. We’ll lay out the reasons why a trust can be useful for you and your Read More

Applying for Florida’s Homestead Exemption

If you have bought a home or moved to a new home in Florida within the last year, it is time to start thinking about applying for your Florida homestead exemption. When someone owns property in Florida and makes it their permanent residence, the owner of the property may be eligible to receive a homestead exemption of up to $50,000.00. The exemption reduces the taxable value of the property, therefore leading to a Read More

What is a Trademark?

For many people who aren’t experts in matters concerning intellectual property, it can be difficult to keep up with the distinctions between different types. The three most common are patents, trademarks, and copyrights. Each type covers different subject matter; in this blog, we’ll discuss the ins and outs of trademarks, which are important for many business owners.  USPTO Definition The U.S. Patent and Trademark Read More