Archive: July 2021

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 Reject Claim of Appraiser’s “Privacy” Rights During Inspection Process

A question that has recently come up before the Florida appellate courts is whether the homeowner has the right to record the appraiser and the appraisal. The Third District Court of Appeals addressed this question in State Farm Florida Insurance Co. v. Chirino, in April 2020. More recently, the Fourth District decided essentially the same question in Silversmith v. State Farm Insurance Co., Fla. Both courts came down in favor of the homeowner’s right to record.

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 judgment standard. But what has changed, exactly?

What is Florida’s New Summary Judgment Standard?

Here’s what has changed after Florida’s amendment of its summary judgment standard:

By adopting the federal summary judgment standard, the Florida Supreme Court is hoping to improve the fairness and efficiency of the state’s judicial system.

Does the Summary Judgment Standard Apply to Pending Florida Cases?

Many Floridians and their lawyers are confused about whether the new summary judgment standard applies to pending cases. While the amended rule takes effect on May 1, the standard also applies to pending cases in which:

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 cons of filing for divorce first?

If you are considering filing a petition for divorce, it is highly advised to consult with a Tampa divorce attorney to understand your rights as the Petitioner.

Let’s review the benefits of being the first to file for divorce.

While there are several advantages of filing for divorce first, you should also review the possible drawbacks of being the Petitioner, not the Respondent.

If you are unsure about being the first to file for divorce, consult with an attorney. At HD Law Partners, our divorce lawyers will explain your rights and options in your specific situation and help you navigate the divorce process whether you are the Petitioner or Respondent. Call 813-253-5333 for a case evaluation.

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 conduct that clearly falls outside the scope of the stated coverage.

Insurer Not Liable for Civil Rights Judgment Against Ex-Florida Police Officers

Take this recent decision from the Florida Fourth District Court of Appeal, Certain Underwriters at Lloyd’s, London v. Pierson. This insurance dispute arose from events that occurred almost 40 years ago. In the mid-1980s, a 15-year old boy was convicted of murder and sentence to life in prison. In 2010, he was exonerated after new evidence was found proving his innocence.

The wrongfully convicted man subsequently filed a federal civil rights lawsuit against the two police officers who arrested him, alleging they had beaten a confession out of him. The case proceeded to a jury trial. The jury ultimately returned a verdict of $7 million against both officers.