Author Archives: Jay Butchko
When Homeowners’ And Condo Associations Have To Litigate Over Construction Defects
Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common. In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the… Read More »
Viewing Divorce As A Success Instead Of Failure
An interesting article featured in This Insider on June 16th presented a new perspective on divorce; one that reflects marriage as a success instead of a failure. This is rooted in the concept that, if one of the best outcomes of marriage is personal growth, growing out of the relationship is simply one path… Read More »
Hurricane Irma’s Devastation: Homeowners’ Insurance Bad Faith?
In late May, Coastal Breeze News featured an important article discussing when homeowners have tried for long enough to settle their Hurricane Irma claims with their insurance carriers, and whether there has been insurance bad faith. Below, we discuss this issue in greater detail. Florida Homeowner Claims Bill of Rights Florida has what’s known… Read More »
Resolving Hurricane Insurance Claim Confusion In Florida
Sadly, many Florida homeowners and condominium associations are being given the same disappointing answer from their insurance companies after suffering significant damage from Hurricane Irma: the insurance company thinks that patchwork repairs are enough to fix the problem, while contractors indicate that a complete replacement is necessary. Unfortunately, these battles are now preventing many… Read More »
Ensuring That Divorce Doesn’t Negatively Impact Your Child’s College Education
One of the biggest concerns that many couples who share children have is how divorce could possibly affect their children; specifically, whether pursuing a divorce could interfere with their child’s ability to afford a college education. Below, we discuss how you can prevent your divorce from interfering with this important aspect of your family’s… Read More »
Insurers & Coblentz Agreements In Florida
While there are frequently insurance disputes over coverage, damages, or liability – sometimes claims alleging insurance bad faith or plaintiffs seeking extra-contractual liability – there is no comprehensive definition of “good faith” in Florida; therefore, the full extent of what a “showing of good faith” means remains unresolved when it comes to liability insurers… Read More »
Facilitating The Divorce Process: Financially And Emotionally
It is easy to be bombarded by information here and there about how divorce leads to more complicated financial circumstances. However, if you do it right—and work with the right attorney—you can complete the process without placing a financial strain on your family. Below, we discuss some of the pointers to keep in mind… Read More »
Hurricane Irma Powers More And More Insurance Claim Denial Lawsuits Against Insurers
According to recent reports, the top 20 property insurers in Florida were served with more than 10,000 lawsuits over hurricane Irma claim denials just between January and March, reflecting a more than 61 percent increase from last year. Universal Property & Casualty Co.—Florida’s largest insurer—noted that the company has received close to 80,000 Hurricane… Read More »
Can Homeowners Associations Take Speeding Into Their Own Hands, Legally Speaking?
It seems like every day, there are disputes between homeowners associations and its members, even though these disputes are supposed to be avoided by specific, detailed covenants and restrictions agreements residents agree to when they buy into these associations. There are always going to be circumstances under which homeowners associations and property managers must… Read More »
Jury Fines Homeowners Association $20 Million: Our Attorneys Discuss Lessons Learned
A lawsuit that concluded this spring highlights an important potential liability for homeowners associations around the country: playgrounds. One homeowners’ association in particular was hit with a $20 million jury award after a teenager was injured on the property’s playground. Reportedly, the 42-pound crossbar of the swing set fell on the boy sitting on… Read More »
