HD Law Partners Blog

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.

People whose homes are part of a homeowners’ association (HOA) have to follow plenty of rules and regulations. Those rules may limit what a homeowner can and cannot do to their own property, including transferring the home into a trust and making changes to ownership.

If you are considering transferring your home into a trust but are worried about the possible issues with the HOA, contact our Tampa homeowners’ association attorneys at HD Law Partners to discuss your particular situation.

What Authority Does a Homeowners’ Association (HOA) Have?

A homeowners’ association is a legal organization made up of homeowners (community members) that enforce specific rules and collectively manage common areas.

An HOA’s authority varies from one association to another. Typically, an HOA has the authority to foreclose properties when the owner falls behind in dues or assessments.

When an association wins a foreclosure case against the property owner, it has the authority to evict the owner.

Many people have a dream of buying a house in a coastal area. While the idea of owning a waterfront home may sound incredible, you need to be aware of the risks associated with buying a house in a hurricane zone.

You need to understand how hurricane insurance works when purchasing an oceanfront property in Tampa or other parts of Florida. Consult with a Tampa homeowners’ insurance attorney to prepare your home before a storm hits or help you recover damages in the aftermath of a hurricane.

When buying a home in a hurricane zone, you need to make sure that your property is fully protected. Below, we will talk about the different kinds of insurance that you may need to purchase when buying a home in hurricane-prone areas in Florida.

Before purchasing any insurance, it is vital to consider what’s included and what’s not included in the coverage. Typically, the insurance premium depends on the property’s insurance risk level.

When you purchase a homeowners’ insurance policy, you expect your insurer to fulfill their obligations. You wholeheartedly believe that your insurance company will help you through difficult times and provide peace of mind in the event of natural disasters, accidents, and other incidents.

Homeowner’s insurance companies have a duty to act in good faith, but many breach that duty by delaying the claims process, a practice known as “stalling.”

If your insurance company fails to process your homeowners’ insurance claim within a reasonable time, you may have legal grounds to file an insurance bad faith claim. Consult with our Tampa homeowners’ insurance attorneys at HD Law Partners to discuss your particular situation.

Homeowners’ insurance companies employ a variety of bad faith strategies, including stall tactics, to avoid or delay paying claims. Since insurers are profit-motivated companies, they are trying to increase their revenues by using stall tactics.

If you are currently going through a divorce or are contemplating a divorce, you may wonder how it may be possible to avoid an alimony award. Under Florida law, there are five types of spousal support:

Alimony is not awarded in 100% of all divorce cases in Florida. That is why it is important to understand the circumstances in which you could be able to avoid an alimony award. Speak with a Tampa alimony attorney at HD Law Partners to help you understand how you can avoid paying alimony and keep more of the money you earn to yourself.

There are five situations when you may be able to avoid an alimony award in Florida. Let’s take a look at each of them.

Under Florida law, courts will consider each party’s financial resources and earning capacity prior to awarding alimony. Thus, if you do not earn more than your spouse, you will most likely not be ordered to pay alimony unless you voluntarily quit your job or take a pay cut to avoid paying spousal support to your soon-to-be-ex-spouse.

Typically, landlords inform tenants of a no-smoking policy or restrictions on smoking cigarettes and marijuana in a rental unit before signing the lease or rental agreement.

However, does a no-smoking policy infringe upon your rights as a tenant? Do you actually have a right to smoke cigarettes and weed in your rental apartment despite the restrictions in the lease/rental agreement?

Why do landlords prohibit smoking in rental units?

There are multiple reasons why landlords include no-smoking policies in the lease agreements and prohibit tenants from smoking cigarettes and marijuana in their rental units:

Do tenants have a right to smoke tobacco/marijuana in rentals?

As a rule of thumb, no. Tenants do not have a right to smoke in their rental units. Currently, there is no state or federal law that would protect tenants’ right to smoke tobacco or marijuana in their rentals. Also, bans on smoking in the rental unit are not discriminatory since the word “smoker” is not a protected characteristic under the Fair Housing Act (FHA).

Insurance companies have an obligation to handle claims in good faith. It means that insurers must promptly investigate valid claims for damages and provide compensation for a covered loss.

Unfortunately, not all insurers act in good faith when handling insurance claims. If you suspect that an insurance company acts in bad faith, you may have grounds to sue the company and recover damages.

The recoverable damages depend on the circumstances of your case, the financial losses caused by the insurer’s bad faith conduct, and the severity of that conduct.

Speak with a Tampa insurance bad faith attorney at HD Law Partners to discuss your case and determine if you have grounds to sue your insurer and obtain compensation.

Section 624.155, Florida Statutes, allows the insured to file a lawsuit against an insurance company when the latter is acting in bad faith. You can file a bad faith insurance claim when any of the following occurs: