Monthly Archives: May 2022
Does Florida’s New “Pre-Suit” Requirement For Insurance Disputes Apply Retroactively?
Last year, the Florida legislature adopted significant changes to the state’s property insurance laws. Among these amendments are a new requirement that commercial or residential policyholders file a notice with the state before suing an insurance company over its denial of a claim. This pre-suit notice must be given “at least 10 business days”… Read More »
Why You Should Always Read The Fine Print On Your Ticket Before Taking A Cruise
Each year, thousands of people set sail on cruise ships out of Florida. Most of these cruisers enjoy a wonderful vacation. Unfortunately, some people sustain serious injuries on their trip, often due to the negligence of the cruise line. Now, you can file a personal injury lawsuit against a cruise ship operator just as… Read More »
What You Need To Know About Hurricane Deductibles In Florida
As another hurricane season approaches here in Florida, it is a good idea for all homeowners to review their insurance coverage and understand what damages may–or may not be–covered by a storm. All insurance policies contain some form of deductible. But many policies that cover windstorm damage will also include a separate “hurricane deductible.”… Read More »
Can A Florida Limited Liability Company Be Held Responsible For The Personal Debts Of Its Members?
The most common reason for a person or group of persons to form a limited liability company (LLC) or corporation is to protect their personal assets from business creditors. In other words, if the business is sued, any judgment can only be collected against the assets owned by the business entity itself and not… Read More »
What To Do If A Court Issues A Default Judgment Against You In A Florida Insurance Case
As a general legal principle, if somebody files a lawsuit against you, and you fail to respond in any way, the trial court has the authority to enter a default judgment for the plaintiff. But even after a default judgment is entered, the defendant can still ask to set it aside based on grounds… Read More »
How Federal Preemption May–Or May Not–Impact A Breach Of Contract Lawsuit
The federal nature of our legal system means there are situations where a federal law may override or “preempt” a state law. This can, in turn, significantly affect the rights of private parties to civil litigation whose disputes are covered by such laws. Indeed, the question of whether preemption applies can itself lead to… Read More »
