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Author Archives: Jay Butchko

Assignment_AOB

Can An Insurance Company Prevent An Assignment Of Benefits?

By HD Law Partners |

Historically, Florida common law has allowed parties to assign their contractual rights to third parties. There are some exceptions–such as agreements involving personal service obligations or that otherwise violate public policy–but generally speaking, one party cannot prohibit the other from assigning their rights under a contract. And although Florida statutes state that a contract… Read More »

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KitchenDemo

Understanding What Specific Damage Is Covered By An Insurance Policy

By HD Law Partners |

Even when an insurance company is required to cover some damages arising from a specific event, such as water damage, that does not necessarily mean the policy covers all damages incidental to the event. Of course, an insurer is required to pay a valid claim in good faith. But they are not under any… Read More »

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Legal17

Are Appraisal Provisions In Insurance Contracts Binding On Third Party Assignees?

By HD Law Partners |

Homeowner’s insurance policies often contain appraisal clauses. Appraisal is a form of alternative dispute resolution similar to arbitration. In its simplest form, an appraisal clause states that if the parties disagree as to the amount of an insured loss, each side will appoint an independent appraiser. If the appraisers cannot agree on a value,… Read More »

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InsurCover

Tampa Judge: Business Liability Insurers Not Responsible For Claim Made Prior To Policy Period

By HD Law Partners |

Insurance disputes often involve complex questions of law and contract interpretation. Yet many cases boil down to a single question: Does the insurance policy actually cover the claim at issue? Sometimes this question proves relatively easy to answer. For example, there is this recent decision from a federal judge in Tampa, Ditech Financial LLC… Read More »

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Release

Is It “Bad Faith” For An Insurance Company To Include A Proposed Release With A Settlement Offer?

By HD Law Partners |

Florida law requires all insurance companies to act in good faith when approving, denying, or settling claims. An insurer that fails in this duty may face a bad faith lawsuit from an aggrieved policyholder or third-party victim. In defending against such claims, however, the person alleging bad faith still has to present evidence in… Read More »

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CropFail

When Are Insurance Companies Obligated To Honor A Coblentz Agreement?

By HD Law Partners |

Insurance companies have a duty to act in good faith when handling an insured party’s claims. This often includes defending the insured against lawsuits that are within the scope of a policy. If an insurer wrongfully refuses to provide such a defense, the insured can settle the case themselves in exchange for the plaintiff… Read More »

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CovidBusiness2

Will “Business Interruption” Insurance Cover COVID-19 Related Losses?

By HD Law Partners |

The COVID-19 pandemic has caused a significant disruption to many Florida business owners. It has also led to litigation over the scope of “business interruption” insurance. In other words, if a business loses revenue due to pandemic-related restrictions, does that qualify as an insurable loss? The United States Court of Appeals for the 11th… Read More »

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Rent

What The CDC’s New 60-Day Eviction Moratorium Means For Florida Renters

By HD Law Partners |

In early August, the U.S. Centers for Disease Control and Prevention (CDC) issued a new 60-day moratorium on residential evictions in certain parts of the country that continue to experience a “high community transmission” rate of the COVID-19 virus. This includes most of Florida. So if you are a Florida resident currently behind on… Read More »

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ClaimMoney

When Is An Insurance Company Required To Honor An Assignment Of Benefits?

By HD Law Partners |

It is common practice for homeowners to assign their insurance benefits to businesses that perform repair work. But such assignments must strictly comply with the terms of the underlying policy. Insurance companies are under no obligation to pay over benefits to an unauthorized third party. Appeals Court Grants Insurer’s Request to Reverse Summary Judgment… Read More »

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NonCompliance

Is A Policyholder’s Non-Compliance A Defense To A Breach Of Contract Lawsuit?

By HD Law Partners |

Insurance policies are contracts. As such, when an insurer fails to pay a valid claim, it is subject to suit for breach of that contract. But this works both ways. If the policyholder fails to live up to their contractual obligations, that can supply the insurer a valid defense to any alleged breach. A… Read More »

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