Archive: August 2022

The COVID-19 pandemic created widespread–and unprecedented–disruption to Florida’s economy. Many businesses suffered a severe drop in revenue and were forced to temporarily or permanently close their doors. This, in turn, spawned a wave of business lawsuits against insurance companies who denied claims under “all-risk” commercial insurance policies.

Commercial Policies Required “Physical” Damage to Property

The U.S. Court of Appeals for the 11th Circuit, which has appellate jurisdiction over federal cases originating in Florida, recently addressed a series of lawsuits on this issue. The basic question underlying the various cases–captioned here as SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London–was whether COVID-19 caused “direct physical loss of or damage to” insured business property.

As you probably remember, back in March 2020 the governor of Florida issued a number of executive orders restricting the operations of “non-essential” businesses like restaurants and retail stores. Many Florida counties also issued “stay at home” orders that further restricted–or forced the temporary closure of–these same non-essential businesses.

Insurance companies will often seek declaratory judgments to determine their obligations under a particular policy. For example, if someone is injured on another person’s property, the company that insures the property owner may seek a declaratory judgment that it has no duty to defend or indemnify that owner should they be sued.

Keep in mind, while most personal injury claims fall under state law, declaratory judgments are subject to federal jurisdiction. Under the Declaratory Judgments Act, a congressional statute, federal judges “may declare the rights and other legal relations of any interested party seeking such a declaration.” The word “may” is important. A federal court is not always required to make a determination. The judge may decide that it is best to dismiss a declaratory judgment action to avoid interfering with an ongoing state court proceeding.

The U.S. 11th Circuit Court of Appeals recently clarified the standards that federal judges must use when deciding whether or not to exercise their jurisdiction over a declaratory judgment proceeding. This particular case, James River Insurance Company v. Rich Bon Corp., originated with a shooting at a Miami nightclub. A fight broke out at the club, which quickly escalated into a shootout. An employee of the nightclub was killed in the gunfire and a nightclub patron was shot and seriously injured.

If you are pursuing legal action in connection with a business contract dispute, it is possible there is a provision in the contract to move toward arbitration. An alternative to traditional litigation paths, arbitration has some similarities to mediation in that there is a neutral third party who reviews documentation, listens to arguments, and gives their opinion. An arbitrator’s decision is binding.

Legal issues can weigh down profits and productivity of organizations. If you are a Florida business owner and you have found yourself in the middle of contractual disputes, you need a Tampa business & corporate law attorney to guide you through your legal options. Take care of any problems as soon as possible so you can put the legal dispute in the rearview mirror.

Pros and Cons of Arbitration

Before agreeing to the process and moving forward with arbitration, understand the advantages and disadvantages. Because whether mandatory arbitration is included in the contract in question or not, you need to know what to expect so you can prepare for the process and the possible outcomes.

Sales of timeshares are often connected to customers acting on impulse, without people doing the research they need to do to determine if the purchase is truly a good investment. Sometimes people are on vacation when they are talked into a timeshare and they find themselves regretting the purchase in the months and years that follow. To protect yourself from regret, take your time and talk to legal professionals about the language of contracts.

There are laws in place to protect individuals from unethical timeshare sales. If you believe you were not treated fairly when you purchased a timeshare or have decided to sell and are unable to do so, discuss your case with an experienced Tampa timeshare attorney. You do have rights, and there could be a path out of the situation even if high-pressure representatives of the timeshare are insisting you have no choice.

When people are excited and buy a timeshare at the moment, they are typically not thinking about how long they will be paying maintenance fees. Instead, they may be on vacation and tantalized by the idea of more vacations.

People slip and fall in public all of the time. You have likely been shopping in a mall or dining in a restaurant and seen someone take a fall. Thankfully, in most situations, the person is able to get up and brush it off. They may be startled and bruised, but they are able to resume their activities once they have collected themselves. But, it is important to note that not all individuals are this lucky. There are fall victims who sustain injuries that require medical care.

One Florida report stated there were over 60,000 falls that required hospital care within the period of a calendar year. With statistics like this, it stands to reason that thousands of Florida residents are struggling with medical bills after a slip, trip, or fall in a store, restaurant, or hotel. If you believe your fall or the slip of a loved one was a direct result of recklessness, connect with a Tampa personal injury attorney to discuss compensation options.

Ending a marriage is extremely stressful. While emotions can be a large part of the upset, there are also times when a pending divorce brings financial stress as well. If one spouse has been earning a lot more than the other, the spouse who does not have access to financial resources may worry about how they will be able to afford daily expenses on their own. Spousal maintenance payments could be an option, for either the husband or the wife. Many more women are breadwinners, and maintenance payments are possible regardless of gender.

If you are a husband who relies on his wife’s income, you are not alone. One report finds women earn more than their husbands in 4 out of 10 two-income families. It is not always easy to untangle the finances of a Florida union, particularly if the couple owns and operates a business or is high-net worth. To have your questions answered, connect with a Tampa family law attorney.

Your need for compensation may be clear to you. After all, if you were hurt in a Florida accident, it is natural to rely on insurance coverage to help you handle medical expenses and other fees. But, there are situations in which an injured party is surprised when their claim is reduced or denied.

It is important to know that there could still be a path to the resolution you are seeking. While you likely feel frustrated and defeated, talk to a Tampa personal injury attorney before taking the opinion of an insurance claims adjuster as the final word on the matter. If you were hurt because another party was negligent and you are now juggling medical fees and loss of income, an experienced lawyer can help.

Reasons for FL Claim Denials

Legal professionals are able to review your claim and the insurance policy in question. Depending on the injury sustained, there could be multiple parties involved. For instance, you may have filed for workers’ compensation benefits and the company is asserting the injury was due to the negligence of a third party, which could prompt a personal injury claim.

Private property owners typically have a legal responsibility to keep their premises “reasonably safe” for invited guests. This means that the owner must take reasonable steps to protect their guests from foreseeable hazards, including possible criminal activity. At the same time, however, the owner is not required to absolutely “insure” guest safety.

Federal Appeals Court Rejects Negligent Security Claim Against Cruise Ship Operator

A recent decision from the U.S. 11th Circuit Court of Appeals, Fuentes v. Classica Cruise Operator Ltd., Inc., illustrates the limits of such “negligent security” claims. This particular case arose on a cruise ship. Specifically, one passenger assaulted another passenger.

The plaintiff in this case took a cruise with his wife on the defendant’s ship. One night, there was a verbal altercation between the plaintiff and another passenger. This encounter did not lead to any physical confrontation.

In Florida insurance law, an appraisal provides a means of resolving a dispute between the insurer and the policyholder regarding the amount of a covered loss. Appraisal is not meant to resolve whether a claim is insurable to begin with. Rather, it provides a way to arbitrate the question of how much the insurer owes to the policyholder.

The key to appraisal is that it requires a genuine disagreement between the parties. This might seem obvious, but there have been a number of Florida cases where courts have found that appraisal is “premature” as the parties have not engaged in a “meaningful exchange of information” to demonstrate that a dispute exists.

Just recently, the Florida Third District Court of Appeals addressed this subject. In Certain Underwriters at Lloyd’s, et al. v. Lago Grande 5-D Condominium Association, Inc., a condominium association filed a claim with its insurer for damages sustained to the association’s buildings during Hurricane Irma in September 2017. The insurer acknowledged coverage for a portion of the claim and paid the association approximately $137,000.