Archive: July 2025

The U.S. Court of Appeals for the Eleventh Circuit (which covers Florida) recently reversed an important lower Florida court’s decision which awarded an insurance bad faith plaintiff (Bottini) $30 million in a case involving uninsured/underinsured motorist breach of contract claims.

The vehicle involved in the accident at the heart of the claim had been underinsured under the requirements of Florida law; still the plaintiff’s estate demanded that Geico, from which the plaintiff had purchased $50,000 of uninsured motorist coverage, render the maximum payment under the policy. Geico refused, indicating that it was still conducting its own investigation to determine whether the insured had been at fault in the accident. As a result, the motorist’s estate filed a civil remedy notice of insurer violation with the Florida Department of Financial Services (a prerequisite to filing a bad faith claim against an insurer). 

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 declining to cover the insured against whom a third party has asserted a claim.

The Eleventh Circuit has perhaps provided the most comprehensive definition, in stating that “Coblentz” agreements (settlement devices that can be used only when an insurer refuses to defend an insured) must be free from bad faith, collusion, and fraud, and entered with efforts to minimize liability. Still, those who defend insurers—and insurers themselves—are still left wondering what type of evidence specifically demonstrates that a Coblentz agreement should not be enforced for a lack of good faith.

September 10 marks the one-year anniversary of Hurricane Irma and the devastation it left in Florida. As we circle back to this date, it is crucial for a number of families and businesses that experienced damages due to the hurricane to think about potential hurricane claims, insurance policies, and deadlines to recover benefits.

After Irma, many businesses were simply focused on getting back up and running again. Filing an insurance claim was, for many, an overwhelming task to add to the chaos, especially given the many questions that had to first be answered before the claim could even be filed; questions such as: what losses can/should be claimed, under what provisions, am I covered for flood issues, etc. This only became more complicated by the many responses received by insurance companies, which sometimes refused to honor claims altogether—indicating that the policyholder had no coverage—for unclear reasons.

Accidents are scary, traumatic events. Drivers do what they can to avoid them in order to keep themselves, their passengers, and others they are sharing the roads with safe. But there are times when collisions occur, and sometimes it is because a Florida driver forgot to check their blind spot or didn’t do so effectively.

Merging and lane changes can lead to sideswipe accidents. If you are recovering from injuries sustained when the side of your car or truck was struck by another vehicle, talk to a Tampa personal injury attorney. An experienced lawyer can help you obtain the settlement you need to pay off expenses connected to accidents, whether you were involved in a sideswipe accident, rollover event, or rear end crash.

Understanding Blind Spots and Accident Risks

The zones around your car you are unable to see when you are seated correctly at the wheel of your vehicle are your blind spots. For example, you can see what is in front of you and what is available through a glance at your side mirrors and rear view mirror, but your mirrors do not reflect every area. To check your blind spots, you need to, safely, turn your gaze over your shoulder.

At HD Law Partners, our Florida business interruption insurance defense attorneys are committed to providing top-quality, results-focused legal representation to clients. We have the skills, experience, and knowledge to defend the full range of business interruption claims. With a staff large enough to take on any case, our team is ready to protect your interests. To set up a strictly confidential consultation with an experienced Florida insurance defense lawyer, please contact us today.

Business interruption coverage is designed to help companies make it through difficult times. When a covered peril disrupts the operations of the business—thereby leading to partial or total losses in revenue—business interruption coverage provides much needed financial protection. As a general rule, a company’s pre-loss earnings serve as the basis for reimbursement through a business interruption claim.

In Florida, property owners have a legal duty to keep their premises reasonably safe for guests, visitors, and customers. This duty includes the obligation to have adequate security measures in place. Unfortunately, some property owners fail to provide appropriate security to individuals who enter their property.

At HD Law Partners, our knowledgeable Florida private security & law enforcement liability attorneys represent clients who have been injured due to negligent security as well as entities who have been wrongfully accused of failing to provide adequate security.

We also defend law enforcement officers and agencies facing liability due to “wrongful acts” and represent victims of police misconduct whose civil rights have been violated.

Speak with our private security and law enforcement liability attorneys at HD Law Partners to discuss your particular case. Call 813-253-5333 or fill out our contact form to get a free consultation.

As attorneys who regularly advise and represent homeowners’ associations here in Florida, we frequently receive questions about the balance between what homeowners can do with and without the approval of the homeowners’ association; for example, whether they can install surveillance cameras outside of their homes and/or in common areas. While security is of course a concern for a number of homeowners, homeowners’ associations must also look out for the privacy concerns of all owners, which leads to the balancing that must be done by the association and their attorney(s).

The General Rules

As a general rule, only the homeowners’ association can install anything in common areas. In addition, for owners to be able install anything such as security cameras outside of their own homes, they should always look at their bylaws and declarations first to see what these documents indicate. They are usually drafted by homeowners’ association attorneys and are very specific as to what owners must first obtain approval for when it comes to exterior changes.

In the beginning of 2025, the Fort Myers community was rocked by a shooting at a popular restaurant. The shooting was notable because the aggressor killed his own brother. However, the fact that a shooting had occurred at a restaurant was hardly surprising for local residents. Violence is fairly routine in not only restaurants, but also gas stations, hotels, bars, clubs, and malls across Fort Myers. All of these incidents can lead to “negligent security” lawsuits. How do you defend against these claims as an insurer? Could a Fort Myers insurance defense lawyer help?

The Basics of a Negligent Security Claim 

A negligent security claim is a type of premises liability lawsuit. Like all premises liability claims, the concept of negligent security relies on a business owner’s “duty of care” to keep visitors safe. If someone ventures onto your property, you must take reasonable steps to protect them from harm.

Invalid auto accident claims are quite common throughout Florida, and many of these claims are completely fraudulent. Aside from filing claims for staged car accidents, many policyholders also attempt to pursue compensation for injuries that actually have nothing to do with auto collisions. Insurance companies should be aware of the limitations of their own policies, and it may be surprisingly easy to deny claims that are only peripherally connected to auto accidents. An experienced insurance defense attorney in Orlando might make it easier to fight these claims.

Road Rage Is Increasing in Orlando 

Road rage incidents continue to increase in Orlando. Florida has the highest number of firearm-related road rage incidents in the entire nation, according to WFTV. Midway through 2025, Florida had seen almost 30 of these incidents. Other recent reports point to growing incidents involving tailgating, honking, brake checking, and other forms of aggressive behavior. Insurers should be aware that a significant portion of injuries on the road could be caused by violence and road rage – and not necessarily “accidents.”