Author Archives: Jay Butchko
When Can A Policyholder Demand An Appraisal?
In Florida insurance law, an appraisal provides a means of resolving a dispute between the insurer and the policyholder regarding the amount of a covered loss. Appraisal is not meant to resolve whether a claim is insurable to begin with. Rather, it provides a way to arbitrate the question of how much the insurer… Read More »
How “Choice Of Law” Affected A Judge’s Interpretation Of A Boating Insurance Policy
When interpreting an insurance policy, the choice of law will often determine how a court will enforce that policy’s terms. In this context, choice of law refers to which state’s laws govern the policy. Or in some cases, whether federal law may also apply. A recent decision from a federal judge here in Florida,… Read More »
How “Restrictive Covenants” Work In Florida
Employment is usually “at-will” in Florida. In other words, an employer is free to fire an employee, or an employee is free to quit and seek employment elsewhere. In many cases, a former employee will find work with another firm that is a direct competitor with the former employer. Some employers want to protect… Read More »
Can You Sue An Insurance Company For “Unjust Enrichment”?
Policyholders are understandably upset when an insurance company denies their claim for coverage. This can lead to litigation, typically for breach of contract. But what about other equitable legal remedies? For instance, can you sue an insurer in Florida for unfair trade practices or “unjust enrichment”? Federal Court Rejects Lawsuit Over Travel Insurance Policy… Read More »
Is A Florida Timeshare Subject To Foreclosure?
When you purchase a deeded timeshare, you are actually buying an interest in real property. As with any real estate purchase, many buyers finance their timeshares by taking out a mortgage loan. Additionally, many timeshare contracts require residents to pay certain maintenance fees and assessments, just as you would with any homeowners’ association. So… Read More »
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 »
