The advent of new scientific procedures that allow for such innovations as cryopreservation have introduced some complications into family law disputes; in particular, the issue of couples freezing embryos and entering into disputes over who has “custody” in the event of separation or divorce are becoming more and more common. While the question of whether frozen embryos should be considered marital property has sparked outrage in a number of states, in Florida, a law already exists addressing the issue. However, like many statutes, it is still written in such a way as to lend itself to plenty of litigation. As a result, this area of the law is still very much developing in the courts, leaving a number of questions unanswered, and warranting the need to address the issue in family law discussions if a couple has engaged in cryopreservation of embryos.

What Florida Law Dictates

Florida’s law specifically dictates that the treating physician and the couple must enter into a written agreement that provides for the disposition of the couple’s eggs, pre embryos, and sperm in the event of death, divorce, or any other unforeseen circumstance, and if they fail to enter into an agreement, any remaining eggs and sperm belong to the party that provided them, while decision making authority regarding the disposition of pre embryos “resides jointly with the commissioning couple.” In the event of death of one member of the couple, absent a written agreement, the eggs, pre embryos, or sperm remain under the control of the surviving member of the couple. The law even addresses the issue of whether a child conceived by an individual’s eggs, pre embryos, or sperm after their death is eligible for a claim against their estate by stating that they are not unless they have been explicitly provided for in the decedent’s will.

What It Fails to Address, And What Could Be Coming

What it does not do is address what happens when a couple fails to reach an agreement about disposition, as well as to what extent the agreement between the parties is binding/enforceable. Many fertility clinics have couples sign agreements indicating that embryos are the joint property of the couple such that both would need to consent to any future use of them and, in most cases, if the couple were to split up and one wanted to keep the embryos, the court would hold that the agreement controls. However, the issue of whether pre embryos should have legal status (i.e. where a pre embryo is treated as a life with personhood rights) is still unresolved, and could affect this issue in the future. Some states, such as Arizona, have chosen to go down this “potential for life” route by enacting new laws directing judges to grant any viable embryos to the individual who will allow them to be born, regardless of what any contract dictates.

What You Should Discuss with Your Attorney

As a result, a couple that is thinking about undergoing IVF should also contemplate working with an attorney beforehand in order to properly plan out what, specifically, they envision happening to any extra, unused embryos. Some reproductive doctors have, for example, advised women undergoing fertility preservation to take sole custody of their embryos from the get-go.

Contact Our Florida Attorneys with Any Questions

If you have any questions about family law issues here in Florida, contact our committed Tampa family attorneys at HD Law Partners today to find out how we can help.

Resource:

forbes.com/sites/naomicahn/2020/02/04/who-gets-the-frozen-embryos/#41493fa6cfd7

law.com/thelegalintelligencer/2020/07/10/embryo-disputes-becoming-more-common-in-family-law-practice/

Coronavirus Concerns & Custody Battles in South Florida

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In mid-June, federal eviction and foreclosure moratoriums were extended for an additional two months; Specifically, Fannie Mae and Freddie Mac announced that they will extend moratoriums on evictions and foreclosures on single-family homes until August 31. Those who cannot make mortgage payments have the opportunity to seek for forbearance through the Coronavirus Relief and Economic Security (CARES) Act, which has allowed them to reduce or delay payments for up to one year, while those who do not have government backed loans may also be able to obtain forbearance, depending upon their lenders.

In addition, the US Department of Housing and Urban Development also extended loan forgiveness on single-family mortgages insured within the Federal Housing Administration (FHA) program through the end of August, and these efforts were also joined by the Federal Housing Finance Agency. While the moratorium extension specifically applies to homeowners who have FHA-insured Title II Single Family Forward and home equity conversion/reverse mortgage, all servicers have been ordered to halt foreclosure actions and cease evictions of anyone renting single-family properties with the program.

Mortgage Forbearance Under The CARES Act

As Florida foreclosure attorneys, we have already received a number of questions concerning how mortgage forbearance under the CARES Act works, as approximately four million homeowners have already entered forbearance programs just since the Act passed.

The Emergency Standalone Partial Claim program places any and all deferred mortgage payments owed into a junior lien, which is paid only when the mortgage is extinguished—usually due to the borrower selling their home or refinancing their mortgage. Borrowers are allowed to request an initial forbearance period of up to 180 days, and at the end of that period, they can extend that request by another 180 days.

Under the Act, lenders are also required to approve forbearances, regardless of any delinquency status, and borrowers are not required to provide any evidence of hardship to their lenders in order to be approved. In addition, the Act not only applies to borrowers with loans backed by Fannie Mae and Freddie Mac, but also the Department of Veteran Affairs and U.S. Department of Agriculture.

However, what we also advise clients is that, when you participate in this program, interest on missed payments still accrues and, while forbearance should not affect your credit, it could still make it more difficult to obtain a loan in the future.

What to Expect: Contact Our Florida Foreclosure Attorneys to Find Out More

If you apply for a forbearance under the program, you will receive a mortgage forbearance agreement from your lender, which highlights how payments will work once that the forbearance period ends. It is advisable that you sit down and have a consultation with a foreclosure attorney at that time in order to ensure that you understand this agreement in order to ensure that you do not agree to anything that could surprise you, or otherwise lead to foreclosure without you realizing it.

If you have any questions about these programs or foreclosures in general, contact our Tampa foreclosure attorneys at HD Law Partners today to find out how we can help.

Resource:

cnn.com/2020/06/17/success/fha-eviction-and-foreclosure-moratorium-extended/index.html

consumerfinance.gov/ask-cfpb/what-is-a-second-mortgage-loan-or-junior-lien-en-105/

forbes.com/sites/brendarichardson/2020/06/17/government-agencies-extend-foreclosure-and-eviction-moratoriums/#46ac3fb326bb

consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/cares-act-mortgage-forbearance-what-you-need-know/

Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants

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During the coronavirus pandemic, a number of homeowners’ associations (HOAs) have faced questions from residents concerning the issue of having to pay homeowners’ association fees while a number of facilities – such as the pools – have had to close due to the dangers associated with the virus. While some associations may have waived certain HOA fees and/or may be working with residents who cannot cover their fees, there are a number of reasons why HOA fees still have to be paid even during the pandemic. Not only are these fees part of the conditions, covenants, and restrictions that are signed into when one purchases into an association, but they go into a separate budget used for maintenance and improvements

For example, they are paid, in part, to insurance companies, plumbers, power companies, and other vendors. In addition, even if the pools are not used, they still have to be treated, and common areas, such as elevators and lobbies, have to be cleaned. The pandemic has also led some associations to need additional supplies, such as sanitizer and masks, as well as contract for extra cleaning services in common areas. It is also important to remember that associations have to keep in mind how any delinquency rates could affect lenders and thus any potential homebuyers’ decisions to purchase in the area, as this affects the current homeowners in the association.

Reopening Pools

In May, the Community Associations Institute released pool guidelines for associations to follow in an attempt to  balance residents’ needs with government requirements, as well as address questions from HOA board members and managers. In sum:

• Associations should follow the most restrictive state and local orders – as well as CDC social distancing guidelines – in deciding whether or not to reopen a pool. Thus, for example, while Palm Beach County opened community swimming pools, Broward County dictated that they remain closed except for essential services, use in housing developments, or single-family residential lots, under limited circumstances
• A board is within its authority to refuse to open a pool, but if it does, it should first figure out if it is able to follow local health department guidelines and, even if it can, prioritize the health and safety of the residents in ultimately deciding whether to reopen it
• If an association does reopen the pool, it should ensure that all residents that want to use it are in good standing regarding any payments, that no guests are allowed, that anyone who uses the pool brings their own towels, chairs, equipment, etc., that actions are taken to encourage social distancing (such as physical barriers), masks are worn, a security guard is hired to enforce rules, and any concession stands are closed

Contact Our Florida Homeowners’ Association Attorneys

Our Tampa homeowners’ association attorneys provide knowledgeable, proactive legal advice and representation to associations who are in need of legal assistance. With more than 40 years of experience, we have dealt with every possible issue that comes up, and are ready to ensure that things go smoothly. Contact us today at HD Law Partners to find out more.

Resource:

globenewswire.com/news-release/2020/05/15/2034474/0/en/COMMUNITY-ASSOCIATIONS-INSTITUTE-CAI-PUBLISHES-RECOMMENDATIONS-FOR-CONDOMINIUM-AND-HOMEOWNERS-ASSOCIATIONS-TO-SAFELY-OPEN-POOLS.html

sfgate.com/realestate/article/If-COVID-19-Closed-Your-Pool-or-Gym-Can-You-Skip-15307680.php

broward.org/CoronaVirus/Documents/EmergencyOrder20-08.pdf

Florida Supreme Court Enters into Coronavirus Order That Affects Commercial Landlords, Evictions, And Foreclosures

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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.”

Merger Objection Lawsuits

Other types of insurance litigation on the rise includes merger objection lawsuits. According to Chubb’s report, 85 percent of mergers in 2018 were challenged by litigation; usually involving claims that the acquiring company paid too much or the target company sold for too little.

Cyan v. County Employees Retirement Fund Opens State Courts to Securities Act Claims

One U.S. Supreme Court decision in particular also led to a significant increase in securities litigation: Cyan v. County Employees Retirement Fund, which reinforced the ability for state courts to hear claims related to the Securities Act of 1933 as well as dictating that defendants cannot remove class action lawsuits from state to federal court simply because they only contain Securities Act claims. Prior to this decision, companies were able to argue that Congress had removed jurisdiction over a number of securities class-action lawsuits from the state courts. As a result of the decision, plaintiffs now find it significantly easier to “forum shop” for a jurisdiction that will as friendly as possible to their lawsuit.

However, several cases that are currently pending in the Delaware Supreme Court could open the door to companies to include wording that mandates that shareholders file in federal court in their charter documents. Doing so would eliminate duplicative state court litigation, which would then affect Directors & Officers insurance.

Contact Our Florida Insurance Litigation Attorneys to Find Out More

When faced with a new lawsuit, insurance companies usually have to spend between nine and 10 million dollars just to even begin settlement talks. As a result, it has become increasingly difficult for new companies to even obtain Directors & Officers insurance.

The Tampa insurance bad faith attorneys at HD Law Partners represents insurance companies whenever there is a dispute over coverage, damages, or liability. We also provide full defense services for insurance bad faith or extra-contractual liability claims. Contact our insurance bad faith defense attorneys today to find out more.

Resource:

oyez.org/cases/2017/15-1439

cnbc.com/2020/01/09/companies-are-paying-big-bucks-to-insure-boards-against-liability-as-class-action-suits-soar.html

Nine Months After Hurricane Michael, More Than 20,000 Hurricane Claims Go Unpaid

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For some divorces, spending habits can become a serious issue; specifically, the issue of dissipation, which involves purposely spending extra marital funds while the marriage is going through a breakdown for one’s own benefit. There is no question that, in considering the division of marital assets and equitable distribution in states like Florida, intentional dissipation is one of the factors that the court will take into account as justification for unequal distribution. Once a divorce petition is filed, the administrative order prohibits both spouses from dissipating marital assets, therefore, issues involving dissipation typically arise when a couple knows that the divorce is imminent but before the petition is actually filed. For example, one spouse might transfer funds out of the marital estate or spend the funds on someone else in the form of hotel expenditures, gifts, questionable loans, etc.

Below, we discuss how dissipation works in Florida and how to protect yourself against it:

What Technically Qualifies as Dissipation? How Is It Brought Up in The Divorce Process?

In divorce, addressing dissipation works in the following way: The spouse alleging dissipation demonstrates that it has occurred, and the burden then shifts to the other spouse to try to prove that their excessive spending was for a legitimate purpose.

In some cases, the issue comes down to the word “intentional” in Florida’s law—in other words, dissipation is relevant as a justification for unequal distribution if it is intentional and after the filing of the petition or within two years prior to filing because this is how the statute is worded. Claims of dissipations are more convincing if the spending is substantial, frivolous, and unusual because that is more in accordance with “intentional.” The court will also look at how long and when a particular spending habit has occurred because those that occurred long before the divorce petition was filed cannot count due to the way that Florida law defines the timeframe for dissipation. For example, if the spouse has been spending money on a particular activity for 10 years, that does not fit into what the law provides, as the activity in question has to have occurred after the filing of the petition or within two years prior to the filing of the petition. This is why it is important to timely file for divorce in Florida so that you can start the clock on these types of claims in case there is abuse of funds involved in your divorce process.

What Happens If Dissipation Has Occurred?

If the court does find that one spouse dissipated funds, one way of addressing the issue is to add that amount back into the marital estate as though the funds have not been dissipated. The non-offending party would then typically make an argument for additional unequal distribution and perhaps even attorney’s fees in response to those actions to dissipate taken by the offending spouse.

How To Protect Yourself Against Dissipation: Work With The Very Best Florida Divorce Attorneys

These issues are extremely important, as there are a number of cases where one spouse has perhaps given up their career to take care of the family and home and thus, upon divorce, it is crucial to make sure that the marital estate is divided fairly so that it is not a loss of livelihood issue for that spouse.

If you have concerns about this dissipation, it is crucial that you and your attorney take those actions necessary to detect and prevent it, as a significant amount of damage can occur before the administrative order prohibiting both spouses from dissipating marital assets becomes effective.

In addition to ensuring that you file for divorce in a timely fashion so that the clock starts on what spending counts as potential dissipation, there are also several actions you can take to keep an eye out for frivolous spending, such as

• Keeping a close eye on joint credit card statements (keep in mind that some businesses will use obscure identifiers for charges to keep transactions purposely vague); and
• Consider consulting with a forensic accountant to look through your financials for anything suspicious.

Contact Us Today for Help

If you have any questions or concerns about divorce in Florida, contact the experienced Tampa divorce attorneys of HD Law Partners today to find out how we can help. Our family law attorneys serve clients in Sarasota, Tampa, Bradenton, and surrounding areas.

Resource:

forbes.com/sites/jefflanders/2016/11/01/what-is-dissipation-of-assets-in-divorce-and-what-if-anything-can-you-do-about-it/#417610e63ec0

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

Needing a Divorce in the Time of the Coronavirus: How to Protect Yourself

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As the eviction and foreclosure suspensions put in place in Florida and elsewhere expire, a foreclosure housing crisis is potentially on the horizon for millions of Americans who are currently unable to make payments due to COVID-19’s effects on employment. In Florida, the governor’s order places a halt on foreclosures and evictions through August 1, 2020, and the federal CARES Act only prohibits lenders and servicers from initiating foreclosure proceedings until August 31, 2020, leaving a number of residents to potentially face a host of legal actions after that.

According to available statistics, more than four million residential mortgage loans were in forbearance as of the end of June, and many of them have been still been receiving foreclosure notices from banks during the pandemic in spite of the moratorium, as it only bars judges and law enforcement from finalizing the proceedings until after August 1. While previous reports found that Florida (alongside New Jersey) had 24 out of 50 of the top most at-risk counties in the country, according to recently-released data, Flagler and Hernando Counties will be hit hardest during the second quarter.

Avoid One of the Biggest Mistakes Homeowners Facing Foreclosure Make

During these times, there is no question that having an aggressive foreclosure defense makes all the difference in the world in terms of being able to stay in your home.  As a result, it is always a good idea to discuss what your rights are, what the bank can and cannot do, and what to expect with a foreclosure attorney because everything depends upon your individual circumstances.

One of the biggest mistakes that homeowners can make is choosing to declare bankruptcy instead of defending against foreclosure. At the moment, homeowners have better options than declaring bankruptcy, which only places a temporary hold on any foreclosure proceedings. For example, homeowners should first attempt to get a hold of their lenders and try to negotiate a COVID-19-related deferral. While homeowners with FHA-insured mortgages in good standing will be eligible for up to one-year of delayed forbearance when it comes to payments, those who were already facing foreclosures before the CARES Act was implemented will likely face more challenges. However, a number of lenders are offering similar protections to those with private loans.

How Good Florida Foreclosure Defense Attorneys Can Help

While a bank can foreclose on a homeowner without a viable defense in a few months, a good defense can keep a homeowner in place for at least several years. Attorneys who practice in representing those impacted by foreclosure proceedings here in Florida are aware of these nuances and how to strategically apply them.

Our attorneys are amongst those who can help. If you have any questions or concerns about foreclosure in Florida and/or if you need assistance, we can discuss your options and what we recommend in terms of moving forward. Contact the Tampa foreclosures attorneys at the office of HD Law Partners today to find out more.

Resource:

finance.yahoo.com/news/renters-homeowners-face-new-phase-of-coronavirus-crisis-evictions-172940378.html

attomdata.com/news/market-trends/foreclosures/attom-data-solutions-q2-2020-coronavirus-housing-impact-report/

brevardtimes.com/2020/07/governor-extends-florida-foreclosure-and-eviction-moratorium-until-august-1/

Businesses Gear Up for Wave of Insurance Bad Faith Litigation Over Coronavirus-Related Claims

Posted in Foreclosure Defense | No Comments »

As Florida family law attorneys who work to help our clients get through divorce with as little stress as possible, while also achieving their goals, one of the most important issues that clients have questions about are property division issues. This has become even more pressing given the current COVID-19 pandemic, as we potentially approach a housing crisis, and people become more and more concerned about their rights to the family home.

Florida Law & Issues That Can Arise

Florida law is clear regarding marital assets being distributed equally unless there is justification to do otherwise based on a number of factors that the court can take into account, such as the contribution of each spouse to the marriage, the duration of the marriage, the contribution of each spouse to assets, etc. However, questions can arise depending upon the particular circumstances of a relationship,  for example, if the mortgage is in one person’s name only, if one or both spouses lost their jobs, if the home is in foreclosure, if one spouse’s inheritance was used to make improvements on the home, etc.

The Name On The Mortgage Is Less Important Than Each Spouse’s Actions

When it comes to the family home, as long as it was acquired during the marriage, both spouses have an interest in it and any equity, regardless of whether only one spouse’s name is listed on the mortgage. However, the actions of one spouse do affect the rights of the other. For example, if one spouse fails to pay the mortgage without the other one knowing and this depletes the equity, the unknowing spouse could be entitled to a credit upon divorce. Regardless, failing to be named on the mortgage does not negate one person’s interest in the home if the home was acquired during marriage.

Initiating The Divorce Creates Certain Disclosure Obligations

While the mortgage company may only be obligated to communicate with the individual who is listed on the mortgage, not only is the other spouse entitled to know whether the mortgage payments are being made, but once that the divorce is initiated, regular disclosures need to be made as to whether the mortgage is being paid in full and on time, as failing to do so is considered to be a dissipation of the asset.

Other Rules: Moving Out Does Not Destroy Interest & You Cannot Sell The Home Without Consent From The Other Spouse

Another question that we frequently receive is whether it is safe to move out of the home, or if that would somehow destroy one’s interest in the home as an asset. Note that one spouse cannot destroy their interest in the home simply by moving out. Also note that neither spouse can sell or dispose of the property without the consent of the other spouse.

Contact Our Florida Family Law Attorneys Today for Assistance

Whether you have questions or concerns about custody, alimony, divorce, the family home, other assets, whether you should purchase another home after divorce, etc., our Tampa family attorneys are here for you. Contact HD Law Partners today to find out how we can protect your rights and serve your interests.

Resource:

nj.com/advice/2020/05/im-getting-a-divorce-do-i-have-a-right-to-our-house.html

Needing a Divorce in the Time of the Coronavirus: How to Protect Yourself

Posted in Divorce | No Comments »

As attorneys who help a number of clients with divorce here in Florida each year, we frequently discuss all of the many considerations that need to go into getting to a divorce settlement, but what about afterwards? There is still plenty that needs to be done with the assistance of your attorney after your divorce papers have been submitted to the court, as we discuss below:

Changing Your Name & Identifying Documents

If you are changing your last name, you will need to make updates to a number of important documents, such as your driver’s license, passport, social security card, etc. You will want to bring the judgment with you to the department of motor vehicles, passport office, etc.  Once these main documents are adjusted, it should be fairly straightforward to change everything else, including bank accounts, credit card accounts, homeowners and auto insurance policies (as well as title and registration for your car), etc. You may also need to open up new accounts in your name only.

Estate Planning Adjustments

You will also want to make sure that you adjust all of your beneficiaries and any other estate planning documents, including your will. You likely have a number of beneficiary forms on file for accounts such as brokerage accounts, life insurance policies, and retirement accounts, such as your 401(k), IRAs, annuities, pensions, etc. If you need to transfer portions of any retirement accounts, you will need a Qualified Domestic Relations Order. Also make sure that your will conforms with the terms of your settlement agreement and, perhaps even more importantly, that your healthcare proxy and power of attorney, which names who has control over medical and financial decisions; should you become incapacitated, are adjusted to remove your ex’s name, if applicable.

Home Ownership Documents

Make sure that you make any adjustments to titles and deeds to your home. This will all depend upon the arrangements you and your ex have made through the divorce process; whether that involves selling the home, hanging onto it, continuing to own it jointly, etc. Even if you are continuing the same ownership arrangement you’ve always had, you may need to retitle the deed to reflect that you are divorced. You do not want to be in a situation whereby, 15 years later, you need to sell your home, but your ex’s name is still on the deed as though you are a married couple and they are uncooperative with the process.

Contact Our Florida Divorce Attorneys to Find Out How We Can Help

Know that you are not on your own when it comes to making sure that everything is taken care of after your divorce is finalized in order to ensure that your future is secure and, if you are making any property transfers, you and your attorney need to complete them in a timely manner. Contact our Tampa family attorneys at HD Law Partners today to find out how we can help.

Resource:

mediate.com/articles/rosenthal-divorce-judgment.cfm

Needing a Divorce in the Time of the Coronavirus: How to Protect Yourself

Posted in Divorce | No Comments »

Property division during divorce can be a difficult subject for a number of families, especially when it comes to what to do with the marital home. While, in some circumstances, divorcing spouses may agree that either person keeping the family home doesn’t make sense for financial reasons, in other cases, one or both individuals may want to stay in the home, one may wish to buy the other one out, etc. And when the divorce is filed, some spouses are still living together in the home, and ask us, as their divorce attorneys, what their living arrangements during the divorce should be as well, especially when children are involved.

Of course, like everything else in divorce, there are no black and white answers, and every case is different.

Selling

Couples choosing to address the marital home early on in the divorce process will sometimes benefit from quickly removing themselves from the situation and deciding to sell the home. Not only does the sale help them start anew, but it can provide both emotional and legal closure, and prevent them from having to deal with the costs of maintaining the home.

Complications Associated with Keeping the Home

Property division during divorce in Florida is based on equitable distribution, therefore, unless the marital home is and has been kept as separate property, it is either sold and the proceeds divided, or one party refinances the mortgage and purchases the other party’s interest. However, if both parties wish to keep the home, things can get more complicated by the following factors, for example:

• If the mortgage on the property is higher than the value, or in foreclosure, behind in payments, etc. and neither party can walk away with excess debt
• If there are children involved and reasons to keep them in the same house and/or school district
• If there are any impediments to refinancing

Is It Truly ‘Safe’ To Stay Together in The Family Home During the Divorce?

If there are viable reasons to live together in the same home during the divorce – such as for the sake of children – there are several factors that parties should consider, such as:

• Whether it is possible to live together peacefully in the home during the divorce. If there are children present and fighting is common, this can have an adverse impact on the children
• Whether the parties can afford multiple residents
• What impact, if any, living arrangements during the divorce might have on child custody and visitation arrangements: Some parents worry that if they move out and leave their children with the other parent, it can impact the time sharing arrangement
• Some judges find a couple living together during divorce to be questionable, therefore, living apart might be wiser for the sake of the divorce proceedings

Contact Our Florida Divorce Attorneys to Find Out More

What to do with the marital home, where you should live while you file for divorce, etc.—all of these are very important decisions that you do not want to make alone without consulting an experienced divorce attorney. Contact the compassionate and experienced Sarasota property division attorneys at HD Law Partners today to find out more about our services.

Resource:

natlawreview.com/article/what-happens-to-your-home-during-divorce

Needing a Divorce in the Time of the Coronavirus: How to Protect Yourself

Posted in Divorce | No Comments »

We previously mentioned that the current pandemic was expected to bring a significant amount of insurance litigation over business interruption policies, even though most policies explicitly exclude coverage for pandemics and viruses. As of early May, a number of COVID-19 business interruption insurance lawsuits have already been filed. In addition, a number of legislative efforts to redefine coverage for those businesses impacted by the virus have been made, although this does not include Florida as of yet.

There is no question that the impact of the virus on businesses has been severe, with close to 80 percent expecting losses to be over $1 million and almost 40 percent expecting them to be more than $25 million–more than could possibly be covered by insurance companies and policies. Plaintiffs in lawsuits brought thus far include healthcare companies, nonprofit organizations, restaurants, service industry businesses, and more–in both class action and individual lawsuits—alleging breach of contract, bad faith, covenant of good faith and fair dealing, and unfair business practices claims, and seeking not only compensation for losses, but also punitive damages, in some cases; arguing that financial harm and injuries were suffered as a result of having their claims denied.

Florida Litigation Against Chubb Ltd.

That includes Florida, where a class action lawsuit was filed by a number of restaurants against Chubb Ltd. In federal court, arguing that their coverage is triggered by government-mandated shutdowns, which should fall under provisions that cover direct physical loss in the policy. Plaintiffs are arguing that insurers should have included explicit definitions for “physical loss or damage” if they intended to exclude loss of use of property that has not itself technically been physically altered and this type of coverage.

This is an important case, as the insurance policy contains coverage for “acts of civil authority,” which plaintiffs now claim includes local shutdowns of non-essential businesses. Plaintiffs also claim that the dangers of contamination linked to COVID-19 renders property unusable and non-functioning, similar to property that has suffered actual structural damage.

Litigation To Watch: “Pandemic Event Endorsement” Policy

One case in particular that will also be important to watch concerns a challenge involving a policy that explicitly provides coverage for losses linked to 25 different diseases, including SARS, which is caused by one type of coronavirus. However, the insurer has denied coverage under the justification that COVID-19 is not specifically covered under the policy. The plaintiff is arguing that COVID-19 is a variation of the virus that causes SARS, and thus implicitly covered by the policy.

Contact Our Florida Insurance Defense Attorneys Today

HD Law Partners has decades of experience representing insurers who are sued over insurance coverage disputes and bad faith claims. If you are being sued over COVID-19, our Tampa insurance litigation attorneys can help you fashion the perfect litigation strategy. Contact us today to find out more about our services.

Resource:

law360.com/articles/1260634/theater-owner-seeks-1m-payout-under-pandemic-clause

businessinsurance.com/article/20200421/NEWS06/912334156/Chubb-faces-COVID-19-business-interruption-suits-coronavirus-Truhaven-Enterprise

Breach of Contract Claims for Commercial Landlords & Businesses During COVID-19: Will Force Majeure Be of Help?

Posted in Tampa Business and Corporate Attorneys | No Comments »