Monthly Archives: July 2021
Do Homeowners Have The Right To Record An Insurance Company’s Appraisal?
Most Florida homeowner’s insurance policies contain an appraisal provision. This protects the insurance company’s right to have its own appraiser review a homeowner’s claim, including the ability to physically inspect the property itself. This, in turn, minimizes the risk to the insurer of paying out on a fraudulent or exaggerated claim. Florida Appellate Courts… Read More »
Florida Adopts A New Summary Judgment Standard: What You Need To Know
On May 1, 2021, Florida courts adopted the summary judgment standard applicable in the federal courts, joining many other states that had already transitioned to the federal rule. In re Amendments to Fla. Rule of Civil Procedure 1.510, No. SC20-1490. The state amended Rule of Civil Procedure 1.510 to adhere to the federal summary… Read More »
What Are The Pros And Cons Of Filing For Divorce First?
Often, when both spouses realize that their marriage is doomed to end, it is only a matter of time before one of them files for divorce. But should you be the first one to file divorce papers? Does it even matter who initiates the process in Florida? And what are the possible pros and… Read More »
Can an Insurance Company Be Held Responsible for Events That Happened Decades Prior to the Coverage Period?
An insurance policy is a contract that must be interpreted according to its plain language. Under Florida law, a court must interpret an insurance policy “liberally in favor of the insured” and give the “broadest possible” effect to any clauses governing coverage. At the same time, an insurer is not obligated to indemnify any… Read More »