Author Archives: Jay Butchko
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 »
What Happens When LLC Members Deadlock Over A Business Decision?
A limited liability company (LLC) provides a flexible mechanism for one or more people to form a business with protection from personal liability for business debts. Unlike a corporation, where shareholders often play no role in the day-to-day management of the business, an LLC may be structured so as to give the individual owners… Read More »
A Homeowners’ Policy Is Not Like Auto Insurance
If you own your own home and a car, you likely have insurance on both. There is a critical difference between the two types of insurance. Florida law requires drivers to carry a minimum amount of auto insurance known as personal injury protection (PIP) coverage. As far as your home goes, however, state law… Read More »
How Long Do I Have To File A Personal Injury Lawsuit In Florida?
Filing a personal injury lawsuit means understanding and following a number of procedural rules. Many of these rules are strictly enforced. This means that failure to comply can result in dismissal of your case regardless of the merits. One rule that fits within this strict-compliance description is the statute of limitations. This is basically… Read More »
Can A Personal Injury Plaintiff Challenge A “Duty To Defend” Decision Involving The Defendant’s Insurance Company?
Insurance companies often take a proactive stance when asserting they do not have a “duty to defend” or cover a particular policyholder. This normally takes the form of asking a judge to issue a declaratory judgment stating as such. Obviously, the insured party may not be happy with such a judgment. But what about… Read More »
Insurer’s Contractual Vs. Statutory Duties
The Difference Between an Insurer’s Contractual and Statutory Duties Under Florida Law Insurance companies have two independent duties when it comes to paying a claim filed by a policyholder. The first duty is contractual, i.e., the insurer’s responsibilities under the policy itself. This contractual duty extends to any requirements regarding the evaluation and payment… Read More »
Protect Yourself And Your (Small Or Big) Business
How Florida’s Business Judgment Rule Protects Corporate Directors One of the main reasons that people create a legal entity for their business, such as a corporation or a limited liability company, is for liability protection. That is to say, such entities shield individual owners or directors from personal liability for actions taken by the… Read More »
Do I Need Florida Uninsured Motorist Coverage In My Auto Policy?
If you own a car in Florida, you should know that you are required to carry a certain minimum amount of auto insurance. Florida is a “no-fault” state, your insurance is expected to pay for any personal injury that you sustain in an accident. But this personal injury protection (PIP) coverage is often insufficient… Read More »
Can An Insurance Company Prevent An Assignment Of Benefits?
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 »
Understanding What Specific Damage Is Covered By An Insurance Policy
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 »
