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.

Most businesses assume that this “harm” only involves things like slippery floors, fires, toxins, or even hot coffee. These are all things a business owner can control. However, no business owner can control whether one of their visitors will become violent and start harming other customers.

The best way to avoid these claims is by having a solid security plan in place. This might involve one or more security guards, surveillance cameras, proper staff training, and a reliable way to call 911 at the first sign of serious trouble. Different types of businesses might require different security plans based on their unique circumstances. Some elements of security plans might be required by law.

Argue that You Had No Way of Foreseeing the Violence 

Negligent security claims may only succeed if the business in question experienced similar violence in the past. For example, a female customer might have been assaulted in the parking lot two years prior. If the business does nothing to improve security in those two years, it may become liable for similar incidents that occur in the future.

However, it may be difficult to hold a business accountable if there were no violent incidents in the past. In this situation, a business owner and their insurer might understandably argue that they had no reasonable way of foreseeing this situation. You can’t plan for something that occurs randomly and without any warning.

Note that some types of businesses might be inherently attractive to violent individuals. Examples include strip clubs, casinos, bars, and any establishment open late. If the business exists in a dangerous neighborhood, this logic might also apply. These kinds of businesses might not get a second chance to create an effective security plan. In these businesses, violent incidents could lead to a valid claim, even if no similar incidents have occurred in the past.

Can a Fort Myers Insurance Defense Lawyer Help With Negligent Security Claims? 

An experienced insurance defense lawyer in Fort Myers may be able to help your organization with a negligent security claim. As violent incidents increase across Florida, businesses and insurers will undoubtedly face more of these claims. If your business has experienced a violent incident in the past, you are more likely to face these lawsuits. Contact HD Law Partners today to get started on a defense strategy.

Sources: 

gulfcoastnewsnow.com/article/brother-killed-restaurant-florida-fort-myers/63323778

local10.com/news/local/2024/09/23/death-investigation-underway-at-mexican-restaurant-in-fort-lauderdale/

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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.”

The Elusive Nature of Road Rage Injuries 

Many motorists are well aware that their policies do not cover injuries caused by road rage. As a result, they may attempt to hide the true nature of their crash from local law enforcement and insurers.

For example, a driver who was injured after brake-checking another motorist might claim that they were rear-ended. Although this might be technically true, their injuries were obviously caused by their reckless behavior. As a result, this is not exactly an “accident.” An auto insurance company may be able to avoid paying out these claims if it can prove that the “victim” brake-checked the other vehicle before the collision.

Any intentional collision should not lead to a valid claim. However, it can be difficult to tell the difference between an accidental crash and a fully intentional, road-rage-induced ramming attack. A motorist can always claim that they suffered some kind of medical emergency before “losing control” and veering into another car.

These situations highlight the need to work with experienced insurance defense attorneys in Orlando. These legal professionals may be able to help you gather the evidence you need to prove that these injuries were caused by reckless, intentional acts – and not accidents.

Some of these situations might be quite complex. For example, what happens if a motorist drives through gunfire and loses control? What happens if their vehicle is struck by bullets, causing them to lose control and crash into a tree? Are their injuries compensable? What if they were struck by a stray bullet before crashing? The limitations of an insurance policy can be difficult to define, and a trial may be the only way to clearly resolve these complex situations.

Can an Orlando Insurance Defense Attorney Help Me? 

An Orlando insurance defense attorney may be able to guide companies toward positive outcomes. Road rage and other forms of violence are becoming increasingly common in Orlando, and the resulting injuries should not lead to insurance payouts. To fight these claims with confidence and efficiency, consider discussing strategies with HD Law Partners.

Sources: 

wftv.com/news/local/central-florida-grapples-with-rising-road-rage-incidents/QXTIYLZM6NBNXNJTXMXX7VOJNE/#:~:text=%E2%80%94%20Road%20rage%20is%20becoming%20a,reported%20cases%20already%20in%202025.

wftv.com/news/local/data-shows-road-rage-incidents-rise-florida/QF4OSIUN45FTDOAHDXW6SC6CDY/

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Self-dealing is a very serious allegation in the insurance industry. If your organization has been accused of this misconduct, the first step is to gain a solid understanding of what “self-dealing” actually means. How might an insurance representative engage in this misconduct? What are the potential consequences, and can a Tampa insurance defense lawyer help you avoid these penalties?

Self-Dealing Allegations Are Common in Florida’s Insurance Industry

In Florida, allegations involving self-dealing are relatively common across the insurance industry. In April of 2025, Insurance Business reported that the lack of transparency in this industry had become concerning. The report also cited numerous investigations that uncovered “widespread” self-dealing by insurers. Some say that this practice, which involves draining money out of insurance companies through affiliates, has caused premiums to increase.

Another report by Insurance Journal in May of 2025 highlighted an incident involving alleged self-dealing by a major insurance company’s CEP. The CEO is accused of charging $400,000 for questionable IT services, and paying her own company this sum. The report implies that this is an example of “self-dealing” in the insurance world.

The Basics of Self-Dealing

From funneling money out of companies to charging inflated fees for questionable IT services, there are many examples of self-dealing to consider. However, this practice is at its core a “breach of fiduciary duty.”

All insurers are fiduciaries, which means they owe their policyholders a legal duty of care. They must attempt to act in the best interests of their policyholders. Not only that, but insurers must avoid doing anything to benefit themselves at the cost of their policyholders. This could lead to a breach of fiduciary duty lawsuit, which is a common legal issue for insurers in Florida.

While self-dealing can affect policyholders, these individuals may not be the ones suing insurance companies. Instead, you might face a self-dealing lawsuit from anyone who owns significant stock in the company. You might also face this type of lawsuit from another company that does business with your insurance organization.

Florida has passed many laws favoring insurance companies in recent years. This means that regulators might be more willing to “look the other way” regarding allegations of supposed self-dealing. However, these loose regulations were intended to encourage the recovery of the insurance industry in Florida. The industry is now recovering, so regulators might be more confident about cracking down on self-dealing. As a result, legal assistance may be more important than ever.

Can a Tampa Insurance Defense Lawyer Help With Self-Dealing Allegations?

If you or your organization has been accused of self-dealing, you should speak with an experienced insurance defense attorney in Tampa as soon as possible. Self-dealing can lead to various legal issues, including lawsuits involving “breach of fiduciary duty.” To learn more about potential defense strategies, contact HD Law Partners at your earliest convenience.

Sources:

https://insurancebusinessmag.com/us/news/breaking-news/affiliate-oversight-failures-highlight-need-for-structural-reform-in-florida-legal-expert-532128.aspx

https://insurancejournal.com/news/southeast/2025/05/29/825398.htm

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We are excited to announce that Craig Zyburo is now a partner at HD Law Partners.

Craig is a zealous legal advocate for his clients and has a wide range of experience, from personal injury to contract and family law. He represents insurance companies and their insureds, businesses, homeowners’ insurance coverage and other clients in cases involving insurance disputes, injury litigations with property and casualty, vehicle repossessions, and debt collections.

Mr. Zyburo is also co-founder of TheLawFL.com, where he brings his litigation experience and deep knowledge of legal workflows to the development of AI-powered legal research tools for Florida law firms and his clients.

He holds a B.A. in Psychology from Boston College and earned his J.D. from Stetson University College of Law, graduating second in his class. He earned one of the highest scores on the Florida Bar Exam statewide and was invited to speak at the Second District Court of Appeal’s swearing-in ceremony, an honor extended only to the top-scoring examinees.

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The “option to repair” is a common clause in Florida property insurance policies, and it allows insurers to avoid paying out cash settlements in many cases. But are these clauses sometimes unenforceable? This is a common issue for insurers, as many homeowners prefer cash payouts. A recent case in Florida provides some degree of optimism for insurers, especially those who work with experienced insurance defense attorneys in Orlando.

Insurance Company Wins Appellate Victory Over “Option to Repair” 

In May of 2025, Insurance Business reported that a major insurer in Florida had won an important appellate victory. This case revolved around the insurer’s “option to repair” roof damage – a common issue that all Florida insurers are undoubtedly familiar with. Although the specific wording of most policies describes this as an “option” to repair, insurers actually have the “right” to repair. This is something that the recent appellate decision clearly affirms.

The dispute began when a couple in Florida incurred roof damage and filed a claim. Their insurer exercised its right to repair, instructing the couple to let a contractor fix the roof. They also told the couple to pay their deductible directly to the contractor. However, the couple refused to comply. They pointed out that the contractor lacked a roofing license and argued the insurer violated their agreement by failing to disclose this fact.

The insurance company sued, but the couple claimed victory at the trial court level. The trial judge decided that if the couple had allowed the contractor to fix their roof, they would have been guilty of allowing illegal work on their home.

Florida’s Second District Court of Appeal disagreed with this decision and reversed it. A closer look at the relevant laws revealed that there was nothing wrong with allowing a general contractor to manage roofing repairs. As long as they subcontracted the work to a licensed roofing crew, this would have been perfectly legal. In addition, the appellate court found that the insurer had no legal obligation to disclose whether the contractor had a roofing license. Their only real requirement was to “instruct” the contractor to reveal their licenses, which the insurer did.

This decision is a major win for all insurers in Florida, reinforcing the right to repair. Insurers may face pushback from homeowners who would rather receive cash settlements, but they should be able to enforce these managed repairs without major issues.

Can an Insurance Defense Attorney in Orlando Help My Organization? 

If your policyholder is pushing for a cash payout instead of allowing you to exercise your “option to repair” clause, you might want to contact an experienced insurance defense attorney in Orlando. These legal professionals can help you pursue appellate victories with confidence, regardless of the specific dispute in question. Contact HD Law Partners today to learn more about your next steps.

Sources: 

insurancebusinessmag.com/us/news/claims/peoples-trust-wins-florida-appeal-in-managed-repair-dispute-with-homeowners-535304.aspx

states.repair.org/states/florida/

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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.

Based on these developments, it may become necessary to challenge the legal definition of a “dangerous dog.” This could be necessary even in the absence of a one-bite rule.

The Provocation Defense 

One of the most obvious options in this scenario is the provocation defense. In Florida, alleged victims cannot file dog bite lawsuits if they provoked the animal before the attack. For example, the individual might have goaded or taunted the animal. They might have kicked the animal. Whatever the case may be, insurers may be able to avoid liability if they can establish that the alleged victim provoked the animal.

The Trespassing Defense 

Another common approach is the trespassing defense. If you can establish that the alleged victim had no right to be on the property at the time of the attack, this could make a successful claim impossible. Experienced lawyers may be able to investigate these incidents to uncover evidence of burglary or property destruction to support a trespassing claim.

How Can an Insurance Defense Attorney in Sarasota Help? 

If your insurance company is facing a major dog bite claim, you might want to speak with experienced insurance defense attorneys in Sarasota. These legal professionals are familiar with numerous defense strategies that could prove helpful in this situation. That being said, the most optimal insurance defense strategies depend entirely on the specifics of each situation. Discuss the specifics with HD Law Partners today.

Sources:

progressive.com/answers/does-home-insurance-cover-dog-bites/

insurancejournal.com/news/southeast/2025/05/23/824968.htm

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Clear vision is incredibly important for drivers, and it is impossible to safely operate a vehicle without a functioning set of eyes. This is why the Florida Department of Highway Safety and Motor Vehicles takes vision tests so seriously when issuing driver’s licenses. From an insurance defense perspective, it may help to determine whether a driver was wearing their glasses at the time of a crash. Could an insurance defense attorney in Tampa help implement this type of defense strategy?

Failing to Wear Glasses Can Be a Moving Violation in Florida 

If someone is legally required to wear glasses while driving in Florida, they face serious consequences for forgetting them. This can become a moving violation and a second-degree misdemeanor. Technically speaking, this means that a driver could face up to 60 days in jail and a $500 fine for not wearing their glasses.

These penalties could be even more severe if a driver causes an accident that injures or kills other people. In the past, drivers have faced homicide charges for striking pedestrians after failing to wear their glasses.

Can Drivers Still Pursue Claims if They Forgot Their Glasses? 

Because failing to wear glasses while driving is a legitimate offense in Florida, it also represents a form of negligence during an auto accident claim. While drivers can still pursue claims after crashes, the fact that they forgot to wear their glasses could make it challenging to pursue compensation.

With Florida’s modified comparative negligence rule, a motorist loses the right to pursue compensation if they are more than 50% responsible for their own crash. If a driver left their glasses at home, their negligence could exceed this threshold, leading to positive outcomes for insurers.

That being said, each case is different. Someone with only slight near-sightedness may argue that the loss of their glasses did not significantly affect their ability to drive. In contrast, an 85-year-old who is “blind as a bat” without their glasses may struggle to make the same argument.

It May Be Challenging to Find Evidence of This Negligence 

Most drivers do not admit to forgetting their glasses. Police officers may fail to notice restrictions on licenses, and they may not check to see whether the drivers in question are wearing their glasses. A driver might lie and say that their glasses were knocked off by the impact of a collision.

It may fall to experienced insurance defense attorneys to find evidence that the individual in question was not wearing their glasses. This evidence might include images or videos from the crash, eyewitness accounts, and more.

Can an Insurance Defense Attorney in Tampa Help? 

An auto insurance defense attorney in Tampa may be able to help your organization explore various strategies after an auto liability claim. With so many senior drivers in Florida, many get behind the wheel with poor vision. This could form the basis for an effective insurance defense strategy, especially if the driver failed to wear their glasses or contact lenses. Learn more by contacting HD Law Partners today.

Sources: 

flhsmv.gov/driver-licenses-id-cards/medical-review/vision-standards/#:~:text=The%20minimum%20visual%20acuity%20standard,be%2020%2F40%20or%20better.

sarasotataxcollector.gov/services/motorist-services/drivers-license/medical-vision

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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.

The statute of limitations for personal injury claims in Georgia is shorter than Florida deadlines. In Georgia, individuals generally have two years from the date of a car accident to file a lawsuit against the responsible party. If you do not meet this deadline, your claim could be time-barred, meaning you lose the opportunity to seek compensation.

It is also important to note that the statute of limitations isn’t the only difference between these neighboring states when it comes to personal injury laws. For instance, Florida has a no-fault insurance system and Georgia carries a liability-based system.

Why Should I Hire an Attorney After a FL or GA Accident?

If you’re a Florida resident involved in a car accident in Georgia or vice versa and are facing high accident-related expenses, an attorney can assist you in navigating the complexities of damage recovery.

• Understanding the applicable local laws. An attorney familiar with the laws of both Florida and Georgia can provide guidance tailored to the specific circumstances of your case. This includes the differences in statutes of limitations and liability systems.
• Representation outside of your home state. If you need to pursue a personal injury claim after being involved in a state where you’re not a resident, an attorney can advocate for your interests while you return to your daily life.
• Negotiating with insurance adjusters. Whether you’re dealing with Florida’s no-fault insurance system or Georgia’s liability-based system, an attorney has the skills to negotiate with insurance companies on your behalf, pushing back on low-ball offers.

Because attorneys are well-versed in the intricacies of personal injury law, they can compassionately listen to your story and then help you build a strong case. Talk to a Tampa personal injury attorney about gathering evidence and filing a claim.

Do you have questions after an accident in Florida or Georgia? Having a Florida attorney who is knowledgeable about the laws of both states can be instrumental in maximizing your chances of recovery. Connect with the lawyers at HD Law Partners, simply call 813-964-7878 for a no-cost consultation.

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When an unforeseen accident or incident occurs, it is common for people in Florida and throughout the country to rely on insurance policies for financial protection and support. While the process of monetary recovery is often smooth, there are some instances where an insurance company claims a policy wasn’t in effect at the time of the event, leaving the person in a vulnerable position.

Insurance negotiations can be nuanced, and it is important to remember that your insurance policy should provide you with the financial security you were led to expect when you bought the policy. You have the right to demand the coverage, even if you are in a troubling situation where your insurer asserts that your policy wasn’t active. Legal support is available, talk to a Tampa insurance attorney about your options.

Policy Lapses and the Importance of Documentation

A policy lapse could be the reason an insurance representative tells you do not have a valid claim. Lapses occur when a policyholder fails to pay their premium on time or meet other policy requirements. As a result, there could be a temporary or permanent termination of the coverage. Lapses can happen for various reasons, including financial difficulties, administrative errors, or simply overlooking payment deadlines.

Things you should do to help avert a policy lapse dispute:

• Keep accurate records. Maintain comprehensive records of all communication and documentation, including premium payments, renewal notices, policy documents, and emails or letters exchanged with your insurance company.
• Be aware of your policy’s terms and conditions. Understand renewal dates, payment schedules, and any changes to your coverage.
• Regularly review your billing statements. Confirming that the premium payments are being processed correctly and alerting representatives of discrepancies and errors means they can be addressed promptly.
• Make timely payments. Explore payment options accepted so that you can pay premiums on time and through the correct payment channel. Many find setting up automatic payments is helpful, an automated process that ensures your premiums are consistently paid.

If you have done all you could to protect yourself and your insurer still claims that your policy wasn’t in effect at the time of the incident, seek clarification. Request a detailed explanation of why they believe this to be the case and use your comprehensive records to push back on the assertion.

Contact an Attorney and Comply with Requirements

If you believe your insurance company is wrongfully denying your claim based on an alleged lapse, legal guidance is available. Consult with a Tampa insurance attorney who has expertise in representing insurance policyholders after a claim denial. Once you connect with an attorney, they will begin the process of complying with any requirements or actions needed to rectify the situation.

Could a lawyer help you access the insurance compensation you need? Navigating insurance claims can be a complex and stressful process, and this can be particularly true when your insurance company claims that your policy wasn’t in effect at the time of the incident. Discuss your case with the legal professionals at HD Law Partners. Call 813-964-7878.

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Many who visit Tampa regularly own timeshares. While these vacation destinations can bring individuals, couples, and families years of fantastic memories, there are also situations that lead to complex legal issues.

If you are a timeshare owner who wants to protect your rights and interests, a Tampa timeshare attorney can assist you in navigating the world of Florida timeshare concerns and will fight for a favorable outcome.

Situations that Could Benefit from a Timeshare Attorney

Timeshare lawyers can provide expert legal advice tailored to your specific situation, so they can help you if you have any of the following timeshare concerns.

• If you’ve recently purchased a timeshare and are currently changing your mind, a timeshare lawyer can help you with the rescission process provided you are still within a specific timeframe, typically within a few days of purchase.
• Unfortunately, the timeshare industry has been associated with fraudulent practices. Victims of timeshare fraud should speak up as soon as possible to protect themselves. Lawyers have the experience required to investigate your case, advise you on your legal options, and represent your interests in pursuing a resolution.
• Contract disputes. Often related to issues such as maintenance fees, property usage, or property availability, a lawyer can walk you through the process of resolving disputes through negotiation, mediation, or, if necessary, litigation.
• Deed back. For people who want to exit their timeshare agreement, there is likely the need to assess the terms of your contract. Then, the most suitable legal process to exit your timeshare while protecting your interests can be pursued.
• Estate planning. Timeshare ownership can have implications for estate planning. As a timeshare owner it is important to explore transferring ownership or designating beneficiary options to protect the asset for your heirs.
• Rental agreements. Should you choose to rent out your timeshare, a lawyer can assist in drafting rental agreements and ensure that all of your rental documents comply with Florida law.

Every situation is unique, and after you have shared your story with an attorney they can review your timeshare contract to identify any terms or clauses that apply to your circumstance.

Exploring Negotiation and Mediation

In many cases, timeshare disputes can be resolved through negotiation or mediation. But of course, there are times when exchanges become more heated while discussing possible resolutions. If a dispute cannot be resolved through a resolution alternative, a Tampa timeshare attorney can represent you in court.

Whether you want to discuss contract disputes, fraud, rescission, or foreclosures, having a Tampa timeshare lawyer by your side can be invaluable. Legal professionals can assist with the preparation and filing of legal documents related to your timeshare matter, ensuring that all necessary paperwork is completed accurately and on time.

Should you seek legal support? The attorneys at HD Law Partners are well-versed in the intricacies of Florida timeshare law and can provide expert advice, represent your interests, and help you navigate the complexities of timeshare ownership. To learn more, book a fee-free consultation today, simply call 813-964-7878.

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