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

What is Insurance Company Bad Faith?

Many in our industry forget that insurance companies in Florida, at least in the first-party context, did not traditionally owe a duty of good faith and fair dealing. See Baxter v. Royal Indem. Co., 285 So. 2d 652, 656 (Fla. 1st DCA 1973). In fact, it was not until 1982 that the Florida legislature enacted what is now commonly called "the Bad Faith Statute." Under Florida Statute 624.155(1)(b)(1), a person may Read More

Why Everyone Needs a Will—Including You

Often, people’s minds conjure images of sprawling, well-manicured lawns, vast mansions, and huge bank accounts when they hear the words “estate planning.” That reaction is warranted; tabloid magazines and websites are quick to report on disputes that arise between heirs of celebrities. The truth is that Wills, trusts, and other estate planning documents are not just for the rich and famous—they’re for all adults with Read More

Case Law Wednesday – Appraisal on a Denied Claim

Homeowner and business insurance policies typically contain an appraisal provision. We have previously discussed on this blog what appraisal is. However, not every claim can be sent to appraisal. In a recent case, Cypress Prop. & Cas. Ins. Co. v. Empire Mitigation, the appellate court decided that a case should NOT be sent to appraisal because (a) the contract did not allow it and (b) the insured had waived Read More

First Time Home Buyer?

Buying a home is a dream for many and turning into a reality can seem a little scary with all of decisions and steps involved, but it isn't impossible. These are some of the important steps and questions all homebuyers should keep in mind: 1️. Take an inventory of your personal finances, including credit score and outstanding debt, how much have you saved for a down-payment, and closing costs. 2. Be Read More