Author Archives: Jay Butchko
Are Appraisal Provisions In Insurance Contracts Binding On Third Party Assignees?
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 »
Tampa Judge: Business Liability Insurers Not Responsible For Claim Made Prior To Policy Period
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 »
Is It “Bad Faith” For An Insurance Company To Include A Proposed Release With A Settlement Offer?
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 »
When Are Insurance Companies Obligated To Honor A Coblentz Agreement?
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 »
Will “Business Interruption” Insurance Cover COVID-19 Related Losses?
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 »
What The CDC’s New 60-Day Eviction Moratorium Means For Florida Renters
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 »
When Is An Insurance Company Required To Honor An Assignment Of Benefits?
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 »
Is A Policyholder’s Non-Compliance A Defense To A Breach Of Contract Lawsuit?
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 »
Insurance Litigation As A “Battle Of The Experts”
Even when an insurance company agrees to provide coverage for damage to a home, they will often challenge the extent or cost of the insurable loss. This then forces the homeowner to take legal action to protect their contractual rights. Such litigation then often ends up being a “battle of the experts,” with each… Read More »
What Is The Role Of A Public Adjuster In Filing An Insurance Claim?
If you have ever filed an insurance claim, you have no doubt dealt with an adjuster, i.e., the person employed by the insurance company to review your case. But there are also individuals known as public adjusters who are licensed by the State of Florida to represent individuals, such as yourself, in protecting your… Read More »
