Category: Uncategorized


How Are Fire Damage Claims Handled by Insurers?

How Are Fire Damage Claims Handled by Insurers?

Dec 9, 2025

Fire damage can easily ruin your home or business, and after a disaster, you expect your insurance company to step up. The process of handling a claim involves multiple steps, from initial acknowledgment to final resolution, and there can be misunderstandings and delays all along the way. A Fort Myers, FL fire claims attorney can help you keep your claim moving and your insurer honest.  

Upon receiving your claim, your Florida insurer should promptly acknowledge that they got it: they have a max of 14 days to do so under Florida law. The insurer has to then assign a claims adjuster, and this adjuster will be your primary point of contact. They’ll gather details about the incident and your coverage. During this phase, the insurer may request access to your property so they can do an on-site inspection, and they’ll likely coordinate with the local fire department, as well.

Next, your claim enters a more detailed investigation phase. The insurer will often hire specialized investigators like fire origin experts and forensic engineers to determine if the fire was accidental, electrical, or due to other causes. This investigation helps them rule out fraud or intentional acts, which could void your coverage, but they are also looking for any evidence that some negligence on your part contributed. Remember that an insurance company is a business, and a business exists to make profit. That gives them a strong incentive to find a way to deny or minimize a claim.

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Posted in Uncategorized · By HD Law Partners

Key Defense Strategies For Insurers Covering Dog Bite Claims In Florida

Key Defense Strategies For Insurers Covering Dog Bite Claims In Florida

Jun 6, 2025

A typical property insurance policy in Florida provides a range of personal liability coverage, including cases involving dog bites. These animal attacks can cause disfiguring injuries, psychological trauma, and death. Insurers representing policyholders may want to review various defense strategies that could prove useful in this situation. Consider contacting an insurance defense attorney in Sarasota for more targeted advice.

A Review of Florida’s Dog Bite Laws

Unlike some other states, Florida does not have a “one-bite rule.” As a result, a homeowner could face a dog bite lawsuit even if their animal has never exhibited any aggressive tendencies in the past. A single, random impulse from a canine could trigger a multi-million-dollar lawsuit. In contrast, other states may only allow these claims if the dog has exhibited aggressive behavior in the past.

Another recent development is a new, mandatory form of insurance for certain dog owners in Florida. In May of 2025, Insurance Journal reported that anyone who owns a “dangerous dog” must now obtain at least $100,000 in liability insurance. This is the result of House Bill 593, which was influenced by a fatal assault on a mail carrier in 2022. In addition to the mandatory $100,000 in coverage, owners of dangerous dogs must now keep their animals in enclosures. They must also put up signs, embed microchips in their animals, and regularly vaccinate them against rabies. Finally, these dogs must now be neutered by their owners. Violators face first-degree misdemeanors.

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Posted in Uncategorized · By HD Law Partners

Is the Statute of Limitations the Same in Florida and Georgia?

Is the Statute of Limitations the Same in Florida and Georgia?

Jan 18, 2024

Traveling by car means people move between states without much thought, but there are legal considerations if a car accident occurs. For example, one aspect to consider is the state’s statute of limitations, which determines the time frame within which you can file a personal injury claim.

If you’ve been in a car accident in Florida or Georgia, it’s essential to be aware of all the rules and regulations that need to be followed in order for you to connect with a maximum recovery amount. A Tampa personal injury attorney can help with recovery.

Two Years or Four Years?

In the state of Florida, the statute of limitations for personal injury claims, including those stemming from car accidents, is typically four years. This deadline means you have four years to file a lawsuit against the at-fault party. Failing to take action within a legal timeframe may result in losing the right to pursue damages for your injuries and losses.

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Posted in Uncategorized · By HD Law Partners

Litigation vs. Alternative Options for Timeshare Disputes

Litigation vs. Alternative Options for Timeshare Disputes

Dec 6, 2023

Timeshare disputes can be frustrating, and it is common for owners to be unsure where to turn when they need an effective resolution. If this is true for you, litigation and alternative dispute resolution (ADR) are two primary avenues for you to explore.

When deciding what is best for you, talk to a Tampa timeshare attorney about the pros and cons of litigation and ADR. Then you can make an informed decision on how to proceed with your case.

Arbitration, Mediation, or Going to Court

Once a timeshare owner with a dispute talks to a legal professional, they often find ADR methods, such as arbitration and mediation, is the right option for them. This is because it is generally more cost-effective than litigation and cases can be resolved in a matter of weeks, not months or years. ADR also promotes a collaborative approach, which can make it easier to maintain relationships after the situation is resolved. This can be especially important for timeshare owners who want to resolve a dispute but continue using their property.

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Posted in Uncategorized · By HD Law Partners

Lawyers Stay Informed of Corporate Litigation Trends

Lawyers Stay Informed of Corporate Litigation Trends

Nov 30, 2023

The corporate landscape is ever-evolving, including the laws and regulations that surround doing business in the state of Florida. With so many daily job tasks to attend to, it makes sense that it may be difficult to impossible for you to stay up-to-date with the latest trends, cases, and legal developments in the field of corporate law.

Thankfully, there are professionals who can help. Bring your questions and concerns to the attention of a Tampa business & corporate law attorney. Legal experts can guide you through complex legal disputes. Some of the situations a lawyer can assist you with include the following areas of business law.

Cybersecurity, Data Breaches, and Environmental Litigation

With individuals and companies increasingly relying on digital technologies, everyone is more vulnerable to cyberattacks and data breaches. As is true in other states as well, Florida has seen a surge in litigation related to cybersecurity and data breaches, so the legal landscape keeps changing to cope with data protection compliance, breach notification requirements, and liability in the event of a breach. Your legal counsel stays informed about the latest cybersecurity laws and regulations to protect your businesses from undue loss.

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Posted in Uncategorized · By HD Law Partners

Keeping Information Private When Pursuing a Personal Injury Case

Keeping Information Private When Pursuing a Personal Injury Case

Nov 9, 2023

If you are choosing to pursue personal injury recovery in Florida, it’s important to understand that the information you share, both online and offline, can affect the outcome of your case. To maximize your chances of securing the recovery amount you need to move past an injurious event, exercise caution when sharing information about your accident.

Consulting with a qualified Tampa personal injury attorney as soon as possible is a way to connect with best practices when it comes to claims and lawsuits. Legal experts are available to help you navigate the complexities of the recovery process, including walking you through why it’s essential to keep information about your personal injury case private and how social media use and excessive discussions about your claim can potentially harm your chances of recovery.

Issues with Social Media

While social media platforms can be a great way to stay connected with friends and family, they can be detrimental to your personal injury case. This is true for the following reasons.

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Posted in Uncategorized · By HD Law Partners

Legal and Medical Considerations After a Tampa Car Accident

Legal and Medical Considerations After a Tampa Car Accident

Nov 2, 2023

Disrupting life in an instant, car accidents are traumatic events that can result in personal injury and financial burdens. In the aftermath of a car wreck, it’s crucial to take immediate actions that prioritize your health and protect your legal rights.

By preserving evidence and following best practices, you can navigate the aftermath of a car accident more effectively and work toward a smoother recovery. A Tampa personal injury attorney can guide you through the process, outlining key steps along the way.

Ensure Safety First and Connect with Police

The first and foremost concern after a car accident is the safety of everyone involved. So, if you can, move your vehicle to a safe location away from traffic to prevent further accidents. Once you are parked, turn on your hazard lights to alert others of your position and check yourself and your passengers for injuries. When there is a clear injury in need of attention, call 911.

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Posted in Uncategorized · By HD Law Partners

Hurricane Season and Risks of Operating a Motorcycle

Hurricane Season and Risks of Operating a Motorcycle

Aug 10, 2023

Living in Tampa, Florida, means many lovely, sunny days, but it also carries the risks of hurricane season. When people think of the dangers of hurricane season, property risks are often top of mind, but there are also travel risks, such as the dangers of operating a motorcycle during hurricane season.

Tampa personal injury attorney can guide you through the claims or court process if you were involved in a FL motorcycle accident. Understanding risks can help you stay safe, and when an accident does occur, legal counsel can protect your rights.

Increased Precipitation and Limited Visibility

While there are many large risks to operating a motorcycle during hurricane season, one of the biggest dangers for motorcyclists and others on the roads is the increased rain and wind. Rain can create slick roads, reducing traction and increasing the risk of hydroplaning, while high winds make it difficult to control a motorcycle. This can be especially true on bridges and elevated roads.

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Posted in Uncategorized · By HD Law Partners

Lack Of Handrails And Stair Injuries

Lack Of Handrails And Stair Injuries

Jul 6, 2023

A common feature in both residential and commercial buildings, stairways serve a practical purpose and can be used as an architectural highlight. While there are many reasons to enjoy stairways, they are also, unfortunately, a common site for slip and fall injuries. This can be especially true when handrails are missing, and stair accidents can lead to serious injuries, including broken bones, head injuries, and spinal cord injuries.

Following a stair injury, you may be wondering what responsibilities businesses with stairways have when it comes to keeping customers and visitors safe. The reality is businesses can be held accountable when a space is not reasonably safe. To learn about your options for financial relief from stair injury medical expenses, connect with Tampa personal injury attorney.

Common Reasons for Slip and Fall Injuries on Stairways

There are several reasons why slip and fall injuries occur on stairways. Often injuries are due, at least in part, to a lack of handrails. Which makes sense, as handrails provide support and stability, especially for individuals who have difficulty walking or have balance issues. When handrails are missing, individuals may lose their balance and fall.

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Posted in Uncategorized · By HD Law Partners

Legal Battles When It Comes To FL Timeshares

Legal Battles When It Comes To FL Timeshares

Mar 17, 2023

In part because Florida is a prime vacation destination, timeshares properties and opportunities are abundant. While timeshares can be a great investment for some, they are not the right match for all, and sometimes miscommunications and bad business practices lead to legal disputes.

From contract disputes to property ownership battles, there are many reasons why you may need to talk to a Tampa timeshare attorney. Some use a timeshare lawyer as they navigate a timeshare purchase while others reach out when they are trying to get out of a contract or hold a timeshare business that was engaging in bad business practices accountable.

Contract and Property Ownership Disputes

Common legal battles in connection with Florida timeshares are contract disputes. These can occur when there is a disagreement over the terms of a timeshare contract, such as the maintenance fees, the right to use the property, and the duration of the timeshare.

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Posted in Uncategorized · By HD Law Partners

Limited Divorce Instead Of Legal Separation

Limited Divorce Instead Of Legal Separation

Jan 5, 2023

In the state of Florida, there are no legal separations, but limited divorce are an attractive option for couples who want to live apart. Through a limited divorce, child custody, spousal maintenance, and child support payments can be established, but the couple could still be on each other’s benefit packages, if that is agreed upon by both parties.

There are often more options for separation and divorce than spouses realize when their marriages are deteriorating. Speak to a skilled Tampa family law attorney about what is possible for you and what the pros and cons are of each option. Then, you will learn whether a bifurcated divorce, collaborative divorce, or limited divorce is right for you.

Health Concerns and Employer Benefit Packages

Why a person chooses to separate or pursue a limited divorce rather than a final divorce agreement depends on their unique situation. For instance, if you and your spouse are not getting along and want to live apart, but understand that employer health insurance is needed for both people, you may explore separation options. This can be particularly true when the split is amicable and one or both individuals are managing a health issue and are relying on the insurance provided by their spouse’s employer.

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Posted in Uncategorized · By HD Law Partners

Knowing Which Accident Records To Retain

Knowing Which Accident Records To Retain

Dec 21, 2022

High stress levels after an accident are an unfortunate reality, whether the incident was minor or severe. You may be unsure how to balance healing from an injury and losing work income, for example. Or maybe you need to replace your car and have been having recurring dreams about the event that are particularly upsetting and interfering with your daily life. While there are an array of concerns that could lead to a need for damage recovery, keeping records after a car accident can support your compensation claim, whatever your unique situation involves.

While you are trying to recover from a traumatic event, you do not have to worry about missing paperwork and how to obtain the evidence you need to prove you are eligible for monetary damages, an experienced Tampa personal injury attorney can do that work for you.

Collecting Official Documentation

Official reports, such as those created by law enforcement and licensed medical professionals, are essential pieces of evidence when it comes to securing financial recovery. For this reason, calling police after an accident to report the event and seeing a doctor without delay are best practices.

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Posted in Uncategorized · By HD Law Partners

Law Enforcement Liability And Police Misconduct

Law Enforcement Liability And Police Misconduct

Nov 30, 2022

Because law enforcement is there to protect and serve, individuals rely on police to defend their rights. But unfortunately, there are situations when people are harmed or hurt because of police misconduct. This could be an abuse of power during the arrest process or unjust treatment during detainment.

Reach out to an experienced Florida law enforcement liability attorney if you believe your rights under the US Constitution have been violated or if you are an officer accused of misconduct. There are paths forward when you were wronged by the authorities who should have been protecting your rights or if you have been unjustly accused.

Range of Situations that Could Lead to Abuse

American citizens have civil rights under US Constitutional Amendments and other laws and protections. There are a range of ways rights can be violated, including the following.

Of course, every claim and case needs to be individually addressed. Holding law enforcement accountable can be complicated, but there are legal professionals who can guide you through the process and work to right an injustice.

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Posted in Uncategorized · By HD Law Partners

Taxi Accidents And Damage Recovery

Taxi Accidents And Damage Recovery

Oct 27, 2022

There are many reasons why Florida residents and visitors to the Sunshine State opt to order a taxi. Some people are on vacation and do not have a car of their own to transport them while others simply choose to pay another to drive them to work meetings or outings with friends. But too often, people riding in taxis and rideshare services forget that crashes and accident injuries are possible whenever you are in a vehicle. So, for example, always buckle your seatbelt when riding in any vehicle, taxi or your own car.

If you took all the precautions you could but were still injured when riding in the back of a taxi, you may be able to hold the liable party responsible. When reckless behavior leads to an injurious collision, compensation for medical expenses, lost income, and non-economic damages could be possible. Work with a Tampa personal injury attorney to secure a maximum settlement amount. Too often, reluctant insurance companies result in low offers. If this happens, an auto accident attorney can push for a higher amount.

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Posted in Uncategorized · By HD Law Partners

Learning About Insurance Defense

Learning About Insurance Defense

Oct 19, 2022

There are many specialty areas when it comes to practicing law. Some lawyers are trained and have experience as insurance defense attorneys. These legal professionals are skilled in understanding when an insurance company is responsible for paying a claim and protecting the rights of policyholders. Because these attorneys are knowledgeable in current laws and regulations, they can shed light on an issue when a policyholder is unjustly denied compensation.

If you believe your insurance company is working in bad faith or you are not accessing the damage recovery you are entitled to, connect with a Tampa insurance attorney. A skilled insurance lawyer can help you with property damage claims, including fire, flood, water, mold, and other insurance issues.

Insurance Companies Must Follow Regulations

There are regulations surrounding how insurance companies operate, these rules are set through state law. But just because rules are in place does not mean that they are never broken. Or an insurance company could attempt to bend the rules to serve their purposes and protect their bottom line.

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Posted in Uncategorized · By HD Law Partners

Injuries Due To Medical Mistakes And ER Errors

Injuries Due To Medical Mistakes And ER Errors

Sep 29, 2022

Trusting your doctor and medical team is essential. After all, people are often seeking medical care when they are ill, injured, and feeling vulnerable. Individuals going into a medical setting or hospital emergency room are typically expecting to have their condition improve.

While most medical professionals work hard to do all they can to help injured individuals, sometimes mistakes are made. If you sought medical attention and now believe your current health concerns are the direct result of a medical error, talk to a Tampa personal injury attorney. There are standard of care rules under Florida law.

Medical Malpractice and Compensation

Under Florida law, you are permitted to take legal action against medical professionals, such as surgeons or hospitals, if you were injured as a result of reckless or negligent behavior. To secure compensation, the following factors have to be proven.

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Posted in Uncategorized · By HD Law Partners

Is A Property Owner Liable When A Fight Breaks Out Between Guests?

Is A Property Owner Liable When A Fight Breaks Out Between Guests?

Aug 2, 2022

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.

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Posted in Uncategorized · By HD Law Partners

Is A Florida Timeshare Subject To Foreclosure?

Is A Florida Timeshare Subject To Foreclosure?

Jul 20, 2022

When you purchase a deeded timeshare, you are actually buying an interest in real property. As with any real estate purchase, many buyers finance their timeshares by taking out a mortgage loan. Additionally, many timeshare contracts require residents to pay certain maintenance fees and assessments, just as you would with any homeowners’ association.

So if you fail to pay your mortgage or maintenance fees on time, can your timeshare interest actually be subject to foreclosure? The short answer is “yes.” And under Florida law, timeshare holders may be subject to a quicker legal process than a normal residential foreclosure.

Judicial vs. Non-Judicial Foreclosure

When it comes to residential homeowners, Florida law requires a judicial foreclosure process. This means that the mortgage lender or homeowners’ association (HOA) must go to court and file a lawsuit against the homeowner. The homeowner has the right to contest the action in a formal court hearing. But if the homeowner does not contest the proceeding, or the judge decides the lender or HOA’s case has merit, the court can order the property sold at a foreclosure auction.

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Posted in Uncategorized · By HD Law Partners

Is It “Bad Faith” For An Insurance Company To Include A Proposed Release With A Settlement Offer?

Is It “Bad Faith” For An Insurance Company To Include A Proposed Release With A Settlement Offer?

Oct 7, 2021

Florida law requires all insurance companies to act in good faith when approving, denying, or settling claims. An insurer that fails in this duty may face a bad faith lawsuit from an aggrieved policyholder or third-party victim. In defending against such claims, however, the person alleging bad faith still has to present evidence in support of their case. Put another way, an insurance company is not guilty of bad faith based merely on the say-so of the plaintiff.

Federal Court Rules GEICO Not Responsible for $14.9 Million Stipulated Judgment in Motorcycle Accident

A recent decision from the U.S. 11th Circuit Court of Appeals, Pelaez v. Government Employees Insurance Company, provides a useful example. This case arose from a 2012 motor vehicle accident in Florida. An 18-year-old man was driving his mother’s car to his high school prom when he collided with a motorcycle. The mother insured the car with GEICO. The son reported the accident to GEICO but did not mention any injuries, even though the motorcycle driver had been airlifted to a hospital.

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Posted in Uncategorized · By HD Law Partners

Is A Policyholder’s Non-Compliance A Defense To A Breach Of Contract Lawsuit?

Is A Policyholder’s Non-Compliance A Defense To A Breach Of Contract Lawsuit?

Sep 2, 2021

Insurance policies are contracts. As such, when an insurer fails to pay a valid claim, it is subject to suit for breach of that contract. But this works both ways. If the policyholder fails to live up to their contractual obligations, that can supply the insurer a valid defense to any alleged breach.

A recent decision from the Florida Third District Court of Appeal, Nunez v. Universal Property Casualty Insurance Company, provides a helpful illustration. In this case, the plaintiff insured her home with the defendant. The plaintiff reported a claim in 2015 over purported water damage from two leaks in her kitchen and bathroom, respectively. She later submitted written proof of loss, asserting $50,000 in total damages.

The defendant investigated the claims. As part of the investigation, the defendant requested the plaintiff attend an Examination Under Oath (EUO), which is a common procedure in resolving insurance claims. The plaintiff refused to appear. Indeed, she declined to respond to multiple EUO requests. Accordingly, the defendant denied the plaintiff’s water damage claims. She, in turn, filed a breach of contract lawsuit.

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Posted in Uncategorized · By HD Law Partners

Insurance Litigation As A “Battle Of The Experts”

Insurance Litigation As A “Battle Of The Experts”

Aug 26, 2021

Even when an insurance company agrees to provide coverage for damage to a home, they will often challenge the extent or cost of the insurable loss. This then forces the homeowner to take legal action to protect their contractual rights. Such litigation then often ends up being a “battle of the experts,” with each side offering qualified testimony to establish the true extent of the damages involved.

Federal Court Revives Homeowners’ Lawsuit Over Hurricane Irma Damage

A recent decision from the U.S. 11th Circuit Court of Appeals, Izquierdo v. Certain Underwriters at Lloyd’s London, provides an example of such a dispute. The plaintiffs in this case own a South Florida home that sustained roof damage due to Hurricane Irma in 2017. According to the plaintiffs, their roof had no leaks prior to the storm. Post-Irma, however, they noticed roof leaks and water damage inside their home.

A public adjuster inspected the property and recommended replacing the entire roof. Together with other damages, the adjuster valued the plaintiffs’ insurance claim at about $230,000. The plaintiffs later obtained an estimate for just the cost of replacing the roof, which came to $109,300.

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Posted in Uncategorized · By HD Law Partners

Latest Trends in Insurance Litigation

Latest Trends in Insurance Litigation

Jul 27, 2020

According to the latest statistics, in 2018, almost one in 20 S&P 500 companies was hit with a securities class-action lawsuit. The latest trends indicate that air crashes, concert shootings, data breaches, opioids, sexual misconduct, and wildfires now drive large, event-driven lawsuits that are costing insurance companies millions.

Derivative Lawsuits

In addition, these events are also triggering securities class actions against company boards as well, known as “derivative” lawsuits. These typically accuse directors and officers of failing in their fiduciary responsibilities as well. For example, Wells Fargo and the company’s then CEO were sued for failing to stop the creation of false customer accounts. The company (i.e. its insurance company) settled the lawsuit for $240 million.

Strangely, these settlements often go to the very companies that are the subject of the lawsuits; funds that are often supposed to go towards corporate governance changes, such as overhauling the board. These are known as “derivative settlements.”

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Posted in Uncategorized · By HD Law Partners

Legal Battles in Florida Over Displaying Flags in Homeowners’ Associations

Legal Battles in Florida Over Displaying Flags in Homeowners’ Associations

Mar 19, 2020

Battles over decorations between residents and homeowners’ associations is a common issue that both associations and property managers face on a regular basis here in Florida. This is one reason why you want to make sure that, as an association, you work with an experienced homeowners’ association attorney in creating association documents or amendments, as well as the appropriate covenants and restrictions, so that you are best able to manage these disputes and know what your rights beforehand – before they come up, or turn into expensive legal battles that can last decades.

Take a case that heads to trial in late February here in Florida after nine years of back-and-forth disputes between one unit owner and his homeowners’ association: The dispute involved the resident wanting to display an American flag in a flowerpot, which defied the homeowners’ association’s rules. After initially filing a federal lawsuit in 2012, his homeowners’ association settled and agreed that he could display the flag as long as his display complied with association rules. In exchange, he agreed to refrain from making disparaging statements about the association. However, one year later, the association began to assess a fee against him because of a new association rule about not allowing displays in flower pots, specifically. The resident once again filed a federal lawsuit against the association, and cited the Freedom to Display the American Flag Act of 2005. However, a federal judge dismissed his lawsuit because the law does not provide unit owners with the right to sue in federal court. Meanwhile, the association filed suit against the resident for making disparaging comments about it.

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Posted in Uncategorized · By HD Law Partners

Jury Awards RV Owner Almost $8.5 Million, Most of Which Is Punitive Damages, After Insurance Company Denies Claim

Jury Awards RV Owner Almost $8.5 Million, Most of Which Is Punitive Damages, After Insurance Company Denies Claim

Mar 12, 2020

In February, a jury awarded one plaintiff almost $8.5 million verdict, which included eight million dollars in punitive damages, as a result of an insurance bad faith litigation claim brought against insurance company National General. The case is one that all insurance companies should be aware of in terms of what it means to thoroughly investigate a claim and whether or not a good faith dispute over coverage validly exists. It involved an insurance claim filed on a fire damaged RV, which was ultimately denied by National General after several of the company’s investigators found the incident to be suspicious and reported claiming that the fire originated in two separate locations and was caused by the actions of an individual. The insurance company ultimately came to suspect that the plaintiff may have set the fire himself.

It is also notable that the Florida legislature is currently floating a proposal to adjust issues related to bad faith lawsuits brought against insurers here in Florida; a proposal that would ultimately benefit insurance carriers, who currently face bad faith actions fairly regularly when it comes to disputes over coverage.

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Posted in Uncategorized · By HD Law Partners

If You’re Thinking of Switching from an S to C Corporation for Tax Benefits, You Should Consult an Experienced Business Formation Attorney First

If You’re Thinking of Switching from an S to C Corporation for Tax Benefits, You Should Consult an Experienced Business Formation Attorney First

Jun 4, 2019

As attorneys who regularly practice in business formation here in Florida, one recent question we have received is whether an S corporation should switch to a C corporation after the passage of the Tax Cuts and Jobs Act, and whether there is a corresponding ability for C corporations to exclude any gain from the sale of stock held for more than five years.

Below, we discuss this possibility under section 1202 and the potential to gain a huge tax break by switching to a C corporation. In a nutshell, there is some inconsistency within the statutory language which makes how you convert from an S to a C corporation very important in this process.

What Section 1202 Does & Qualified Small Business Stock

Section 1202 allows for shareholders who acquire qualified small business stock after September 2010 and hold onto it for five years to sell that stock and exclude it as declared income the greater of $10 million or 10 times the shareholder’s basis in the stock. However, there are a number of requirements that must be met in order for stock to qualify as qualified small business stock; requirements that sometimes confuse even the best tax advisers, attorneys, and shareholders alike.

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Posted in Uncategorized · By HD Law Partners

Hurricane Michael Debris Causes New Wildfire Devastation to Florida Homes & Properties

Hurricane Michael Debris Causes New Wildfire Devastation to Florida Homes & Properties

Apr 29, 2019

A devastating fire broke out in the Florida Panhandle on March 30, and would have been reportedly easy to contain, but, instead, spread and caused a significant amount of devastation to homes and other properties due to debris that was leftover from hurricane Michael. According to the reports, the fire burned close to 700 acres just over the weekend, and forced more than 20 homeowners to evacuate; homeowners that will undoubtedly need to file insurance claims in order to try and address the devastation. It all started from a debris burn that got out of control, and as of April 1, was still not completely contained.

In fact, the effects of the Hurricane are so severe as to continue to threaten the health and safety of Florida residents that, on April 2, Gov. Ron DeSantis signed an executive order extending the state’s “State of Emergency” status for another 60 days. The counties affected by the extension include Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Walton, Washington, and Wakulla counties.

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Posted in Uncategorized · By HD Law Partners

Important Labor & Employment Considerations Involved in Purchasing a Business

Important Labor & Employment Considerations Involved in Purchasing a Business

Apr 24, 2019

When it comes to transactions involving business purchases, it is crucial that the purchasing company conducts due diligence concerning the businesses’ operations and potential liabilities; especially when it comes to human resources and labor and employment law matters. Specifically, it is important to ascertain whether there are risks that could affect the value of the transaction and therefore whether the company needs to engage in activities to mitigate those risks.

While labor and employment issues have not historically presented a significant amount of risk and potential liability, this is changing, and there are now a number of emerging legal issues in this field which have the potential to affect the proposed transaction. Below, we identify some of these risks and discuss how to address them via mitigation strategies.

General Areas of Concern

There are several general areas when it comes to basic labor and employment issues; including but not limited to the following:

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Posted in Uncategorized · By HD Law Partners

If You Are a Business Owner or Thinking Of Forming a Business, Make Sure You Do This before Tax Season Arrives

If You Are a Business Owner or Thinking Of Forming a Business, Make Sure You Do This before Tax Season Arrives

Jan 16, 2019

When it comes to owning and operating a business, not only is it important to ensure that all of your financials and tax information is in order, but there are a number of operations you want to make sure are in order at the end of each year. Forgetting even one of these important tasks could set your business back.

Below, we discuss some of these important activities, and how a business/corporate lawyer can help you ensure that everything is in place as we enter 2019:

Forming or Dissolving a Business

If you are in the process of forming a business, and you are interested in incorporating or forming a limited liability company (LLC), you may want to work with your attorney in considering delayed filing, which allows you to set an “effective on” date in the near future that is realistic for your plans. And if, conversely, you are dissolving your business, remember that you need to work with an attorney to file your Articles of dissolution with the Secretary of State in order to ensure that certain obligations, such as paying state fees and taxes, cease.

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Posted in Uncategorized · By HD Law Partners

Legal Responsibilities When Golf Balls Damage Condo Associations

Legal Responsibilities When Golf Balls Damage Condo Associations

May 18, 2018

More often than not—especially in states like Florida, where golfing is quite popular—windows within a homeowners’ and condo associations are damaged by the golf balls that fly in from nearby golf courses. In many of these associations, the golf course is private and open to those in the association adjacent to it. When someone buys into the community, they automatically become a member, and can use the course.

When something like this happens, who is responsible; the association, the golfer, the homeowner, or another party? Below, we discuss this liability, and who can be held responsible for it, in greater detail.

Liability Waivers in Association Documents

Most homeowners’ associations are protected in instances like these precisely because they have built a waiver of liability into the associations’ documents and under a legal theory known as “assumption of risk.” The language will typically say something to the effect of “owners assume all risks associated with errant golf balls and hereby agree not to pursue any claims against the association, golf club, or any other party other than the golfer.” Thus, paying for the damage or filing an insurance claim is often the responsibility of the owner.  This is akin to individuals who have residences near airports, but are frustrated by the noise; it can be difficult to successfully file a lawsuit based on that noise nuisance, given that the homeowner presumably chose the home, and knew it was near an airport.

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Posted in Uncategorized · By HD Law Partners

Important Real Estate & Property Cases To Watch In 2018

Important Real Estate & Property Cases To Watch In 2018

Jan 26, 2018

There are several important real estate cases coming up in 2018 which property ownerslandlords, and business owners should keep their eyes on. Below, we discuss these in more detail:

Tenants Must Serve Out Remainder of Leases

In a December legal dispute between Starbucks and Simon Property Group LP, a judge sided with the property group in deciding that Starbucks paying out the remainder of its leases with Simon Property was not enough, and the company also had to keep its stores open even after paying off the leases. This is a new precedent, as there are millions of contracts between landlords and “tenants” (or businesses) with these exact terms in them; terms which have historically been interpreted to mean that monetary damages were sufficient for businesses like Starbucks to get out of their leases.

Office Space Models

In another big case, one ground lessor company (Siegel Family Associates LLC) has objected to the decision made by the landlord company (Cohen Brothers Realty & Development)  to lease a separate office space to a company called WeWork, arguing that the lease would violate their own lease agreement because WeWork would not be occupying the space, but rather, subleasing it (due to the type of business WeWork runs, specifically, too many people would be “coming and going”). The question posed in the case is a unique one—indeed, it is a case of first impression—and one that will be watched closely, given the growing popularity of this type of office space model around the country.

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Posted in Uncategorized · By HD Law Partners

Important Reminders As ‘Divorce Week’ Kicks Off

Important Reminders As ‘Divorce Week’ Kicks Off

Jan 8, 2018

January 8th is reportedly the beginning of “divorce week,” where the highest number of couples decide to initiate divorce proceedings. To that end, we have provided some recommendations below on how to make it through, as well as important things to keep in mind.

Some of the most common topics that partners argue about include: in-laws and other relatives, drinking, sex, children, money, and housework. What can often throw a couple into a heated argument is bringing up the subject at an inopportune time as opposed to planning a time to sit down together and discuss something as a group in order to put a plan of action together to prevent the same issue from coming up again.

Plan, Plan, Plan

One piece of advice that some experts offer is to ask yourself about the specifics: what is it about this specific issue or behavior that concerns you? Does it involve how you are treated, how your partner treats themselves, etc.? Preparing for the discussion ahead of time can help ensure that your partner better understands why something bothers you instead of feeling attacked. Once you’ve identified the cause of the problem, it can often become easier to find a simple solution that can turn the issue around.

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Posted in Uncategorized · By HD Law Partners

Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits

Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits

Jul 14, 2017

On May 22, 2017, the U.S. Supreme Court made a unanimous decision that is being hailed by large technology companies and other patent holders, who have arguably been victimized over the years by what are known as “patent trolls,” or smaller companies that purchase patents only in order to demand royalties and sue for damages (instead of using those patents, for example). This particular type of activity was significantly interfering with the ability for these businesses to effectively run their business models.

Companies referred to as “patent troll” companies would allegedly target very specific courts in which to sue for damages—a practice known as forum shopping—because these remote federal courts had a reputation for friendliness towards plaintiffs, or the suing party. For example, more than 40 percent of all patent lawsuits were filed in federal court in East Texas, even though no major manufacturers are based there. As a result, one judge oversaw about a quarter of all patent cases filed nationwide.

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Posted in Uncategorized · By HD Law Partners