Archive: May 2019

Proposed changes to the law in Florida could ultimately affect the ability for policyholders to hold their insurance companies accountable in terms of delaying or failing to settle claims, including those related to hurricane relief. A bill recently submitted to the legislature would make a number of changes that would cripple the ability for the consumer to go after their insurance company in the face of bad faith behavior, including taking the claim away from a jury and placing it into the hands of an administrative judge and denying the consumer the right to discovery, which would effectively leave them without any evidence, and without a case.

Current State of “Bad Faith Insurance Law” in Florida

Florida imposes what’s known as a “duty of good faith” when it comes to settling a claim with the insured or a third party, which means acting “fairly and honestly” towards its insured with regard to their interest. This means that the insurer cannot expose the insured to increased liability by failing to settle any claims against the insured, nor can they harm a third party to the insurance contract by failing to settle a claim.

A number of older individuals who have divorced or are contemplating divorce are concerned about the impacts of divorce on their Social Security benefits. This is especially the case for older individuals, who may have, since their divorce, remarried again, and now have questions as to whether they can obtain their divorced spouse’s benefits.

Fortunately, remarriage typically does not disqualify someone from being eligible for a previous spouse’s benefits, as we discuss below.

The Rules After Divorce

If you divorced, but your marriage lasted 10 years or longer, you can receive benefits based on your ex if:

However, it is also important to remember that there are some exceptions to the marriage duration requirements when it comes to widows collecting benefits. For example, if a spouse’s death was accidental, you may be able to draw reduced benefits from the deceased spouse, and then switch to receiving benefits on the first spouse’s record at a later time (provided that the first spouse provides more beneficial benefits). This is beneficial if the first spouse has a higher benefit rate than the second spouse.

HD Law Partners is proud to support The First Tee of Tampa Bay’s inaugural event, SpringSwing, on May 23, 2019. SpringSwing is a fundraising event at TopGolf Tampa to help support the children of The First Tee of Tampa Bay. SpringSwing is a team competition, wherein your 6 players compete against others in the field. The main contest is a target point-scoring game in which experienced players and novices alike can participate, compete and win. For more information on the event and The First Tee of Tampa Bay, click the following link: https://www.golfgenius.com/pages/1759284.

The First Tee of Tampa Bay’s mission is to impact the lives of young people in the greater Tampa area by providing educational programs that build character, instill life-enhancing values and promote healthy choices through the game of golf.

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