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

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