Author Archives: Jay Butchko
Does An Insurer Have To Pay Based On A Homeowner’s Account Of Wind Damage?
After a bad storm, a homeowner might notice damage to their property and assume that the weather was responsible. From the insurance company’s perspective, however, correlation does not necessarily mean causation. In other words, the evidence may show that the damage to the property was the result of normal wear and aging and not… Read More »
When Is An Insurer Required To Pay For Reasonable Emergency Measures?
When a home sustains water damage, the property owners understandably want to take immediate action to mitigate the problem. But sometimes this means they do not take the time to read–or follow–the terms of their homeowner’s insurance policy. Many insurance contracts require advance notice or approval before undertaking even emergency repairs to a property…. Read More »
Do Homeowners Have The Right To Record An Insurance Company’s Appraisal?
Most Florida homeowner’s insurance policies contain an appraisal provision. This protects the insurance company’s right to have its own appraiser review a homeowner’s claim, including the ability to physically inspect the property itself. This, in turn, minimizes the risk to the insurer of paying out on a fraudulent or exaggerated claim. Florida Appellate Courts… Read More »
Florida Adopts A New Summary Judgment Standard: What You Need To Know
On May 1, 2021, Florida courts adopted the summary judgment standard applicable in the federal courts, joining many other states that had already transitioned to the federal rule. In re Amendments to Fla. Rule of Civil Procedure 1.510, No. SC20-1490. The state amended Rule of Civil Procedure 1.510 to adhere to the federal summary… Read More »
What Are The Pros And Cons Of Filing For Divorce First?
Often, when both spouses realize that their marriage is doomed to end, it is only a matter of time before one of them files for divorce. But should you be the first one to file divorce papers? Does it even matter who initiates the process in Florida? And what are the possible pros and… Read More »
Can an Insurance Company Be Held Responsible for Events That Happened Decades Prior to the Coverage Period?
An insurance policy is a contract that must be interpreted according to its plain language. Under Florida law, a court must interpret an insurance policy “liberally in favor of the insured” and give the “broadest possible” effect to any clauses governing coverage. At the same time, an insurer is not obligated to indemnify any… Read More »
Can I Transfer My Home into a Trust If It’s Part of a Homeowners’ Association (HOA)?
People whose homes are part of a homeowners’ association (HOA) have to follow plenty of rules and regulations. Those rules may limit what a homeowner can and cannot do to their own property, including transferring the home into a trust and making changes to ownership. If you are considering transferring your home into a… Read More »
What Kind of Insurance Do I Need When Buying a House in a Hurricane Zone?
Many people have a dream of buying a house in a coastal area. While the idea of owning a waterfront home may sound incredible, you need to be aware of the risks associated with buying a house in a hurricane zone. You need to understand how hurricane insurance works when purchasing an oceanfront property… Read More »
What to Do if My Homeowners’ Insurance Company is Stalling?
When you purchase a homeowners’ insurance policy, you expect your insurer to fulfill their obligations. You wholeheartedly believe that your insurance company will help you through difficult times and provide peace of mind in the event of natural disasters, accidents, and other incidents. Homeowner’s insurance companies have a duty to act in good faith,… Read More »
When Can I Avoid an Alimony Award in a Florida Divorce?
If you are currently going through a divorce or are contemplating a divorce, you may wonder how it may be possible to avoid an alimony award. Under Florida law, there are five types of spousal support: Bridge-the-gap Temporary Rehabilitation Durational Permanent Alimony is not awarded in 100% of all divorce cases in Florida. That… Read More »
