As family law attorneys practicing here in Florida, during the month of August, we tend to see divorce filings spike. While divorce can be difficult and overwhelming, there are some new tech -related services that can help in terms of coordinating child issues with your ex and getting connected to helpful resources for divorce proceedings, as we discuss below:

“Co-Parenting” Apps

OurFamilyWizard can be used to help parents raising children separately and includes interactive calendars that allow you to track who has the kids on what days, as well as expense logs so that you can keep track of reimbursements, receipts, invoices, and more. The app also allows parents to communicate with each other through a secure message board and even features a “tone meter” option that can help to flag potentially problematic language before it is sent.

coParenter there’s another app designed to help with co-parenting and avoiding conflict while you do it. It allows one parent to send not-trackable notifications to the other parent, for example, when they are picking up or dropping off kids, as well as parents to send requests to each other if certain aspects of the schedule need to be swapped. In addition, if one parent does not want to use the app, it does still allow for the other parent to use the app in “solo mode” while sending messages to the parent who is not participating via a separate SMS phone number.

AppClose is another co-parenting app that allows you to manage schedules and send date- and time-stamped messages such as drop off and pick up requests; the difference being that AppClose is completely free to use.

TalkingParents Records your exchanges with the other parent and is all exchanges are also date and time stamped and in a format that is admissible in court. It also allows you to keep notes that will not be shared with your ex.

Divorce Proceedings Resources and Tracking Alimony & Child Support Payments

Divorceify is designed to help provide people with resources and connections for divorce proceedings, such as matching them with attorneys, mediators, therapists, and other professionals that can help them during the process. SupportPay is oriented towards being able to manage and track alimony and child support payments, and also allows the paying parent to view receipts to see what the child support payments are being spent on.

Moving On

Mend advertises itself as a “personal coach for the brokenhearted” and is designed to help you get over the end of your relationship. It includes training sessions that titles such as ‘rediscovering yourself after divorce’ and classes on topics like how to manage finances more efficiently after divorce.

If you live in Florida and have any questions or concerns about divorce or any other family law issue, contact our experienced Tampa family attorneys at HD Law Partners for a free consultation to find out how we can help.

Resource:

usatoday.com/story/tech/2019/07/24/7-divorce-apps-help-navigate-life-with-your-ex/1748032001/

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According to Florida officials, even though it has been nine-ten months since hurricane Michael struck, insurance companies have left more than 20,000 claims unpaid, which represents approximately 15 percent of all claims associated with the storm. This is shocking, given that, Florida law dictates that insurance companies are supposed to pay claims within 90 days of being filed (unless those claims are contested).

Those who suffered losses due to Michael suffered approximately $4.5 billion, totaling more than 130,000 claims and some businesses are estimating that it could take three to five years before the region is considered fully restored; in large part due to insurance payment delays. Part of the problem also involves insurance companies sending an initial amount, and then sending the remaining portion of funds later, when, at that point, contractors and workers are often unavailable to do the restoration work necessary. In addition, there is no question that insurance companies have been exceedingly slow when it comes to sending payments after the disaster, with Florida homeowners frequently receiving payments that are far too small or delayed and even having their calls go unanswered.

Bay County Especially Hard Hit

Most-all of the unresolved claims (an estimated 74 percent) linked to Michael are in Bay County. In addition, a number of claims have also been artificially labeled “closed” when in fact they are still unresolved and awaiting disputes. Many estimate that a number of the insurance companies are doing this in an effort to appear responsible to the state of Florida.

Obligation Under the Law

By law, insurance companies should (genuinely) be doing everything that they can to resolve all remaining open claims associated with hurricane Michael. And their obligation doesn’t just involve claims related to Michael: Under Florida law, policyholders have three years after a hurricane first lands to file, supplement, and/or reopen a claim. This means that policyholders still have more time to report Hurricane Irma claims as well.

Keep This in Mind for This Year’s Hurricane Season

The following are important steps to take to maximize your insurance recovery after a storm:

• Provide prompt notice – in writing – to your insurance company. Include a basic description of the loss and your contact information;
• Prepare your proof of loss. Include all documentation of property damaged – photographs, receipts, videos, etc. Make sure that you include an inventory of assets if you previously prepared one; and
• Keep track of all of your communications with the insurance company.

 If This Affects You, Contact Our Florida Hurricane Claim Insurance Attorneys

If you claim is uncontested and is still open, this is legally problematic and you should speak with one of our Fort Myers hurricane insurance claim denial attorneys at HD Law Partners right away to find out how we can help. Be wary of insurance companies that are purposely slowing the process so that you will give up on your claim or accept whatever you are provided with; even if it is not enough.

Resources:

miamiherald.com/news/state/florida/article233169061.html

.insurancejournal.com/news/southeast/2019/08/01/534461.htm

.newsherald.com/news/20190802/bulk-of-open-hurricane-michael-insurance-claims-in-bay-county

wlrn.org/post/small-businesses-still-struggle-recover-hurricane-michael

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New research indicates that divorced men actually become better caregivers. As a result of men becoming single parents after divorce, they are finding that it makes them better fathers in part because they are taking control and responsibility for situations that they might have otherwise delegated their partner or waiting to be told what to do. As a result, more and more men are advocating for themselves and therefore becoming better advocates for the children; all while making room to become better fathers; which is feeding back into changing custodial norms.

In general, as divorced parents are taking a more informed and research-based approach to co-parenting; while no longer distracted by marital conflict; they are parenting with a lot more focus. Part of this could also be explained by divorce simply making many people happier individuals and therefore happier parents in the long run.

“Executive Parenting Tasks”

This also means that divorced dads are taking on what the researchers term “executive parenting tasks,” such as planning activities and meals, and no longer delegating nurturing roles to their partners, therefore getting more and more practice emotionally connecting with their kids. They provide the comfort; sing lullabies; and do everything else that a caretaker parent does; while getting more practice and therefore more adept at it. By making more and more decisions, they are growing in self-confidence and are better able to meet their children’s needs.

Marital Conflict Is The Problem

As a result, more and more scientists are arguing that the adverse effects of divorce have simply been overstated, as the differences between children of divorce and children with married parents are fairly slight. These researchers say that, instead, marital conflict is the problem and therefore divorce can actually be the solution. The research indicates that children who spend regular time with their fathers-i.e. Overnights, time splits, etc.–perform better academically and have more confidence. In general, they appear to be less susceptible to problems, in general, throughout lives. In other words, these children are just as well-adjusted as those whose parents do not get divorced.

Time To Take This Into Court

This research is incredibly important because, although states and custody laws are changing and advocating for more 50-50 split instead of reinforcing underlying stereotypes concerning male and female caregivers, still, some perfectly capable fathers are denied equal time; suggesting that some are unfairly treated in courts; where they are not seriously taken as caretakers. In reality, divorce gives many dads opportunities that they wouldn’t otherwise have when it comes to parenting, and can also often make both mothers and fathers better parents because they have more downtime to recharge due to shared parenting setups. In the same way that we as a society are trying to get away from stereotypes the boys are biologically predisposed to outperforming girls when comes to certain academic subjects such as math and science, we have to get away from the messaging that men are second grade parents. Conversely, decades of research indicate that many kids of divorce wish that they had spent more time with their dads growing up.

If you live in Florida and have any questions about divorce and custody, contact our experienced Sarasota divorce attorneys at HD Law Partners today to find out how we can help.

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A case that could have huge repercussions on insurance litigation and insurance bad faith claims is in particular against State Farm insurance could go in the direction for the insurance company, according to reports. Plaintiffs brought antitrust claims against the insurance company, State Farm, alleging that it conspired with software makers to undervalue damage to homes in the due to fires; allegedly leaving homeowners with less than they needed to recoup the costs.

Complaints Against Valuation Tools

Specifically, the plaintiffs claim that State Farm relied on a valuation tool known as “360 Value,” which is produced by Verisk Analytics and Insurance Services Offices Inc. According to the complaint, the tool estimates property values at only 30 to 40 percent of their actual value and, as a result, does not account for a number of important aspects and factors that are relevant in calculating insurance payouts. In addition, another tool, called “Xactimate,” they allege, estimates construction costs at 50 percent below their actual market rates. For example, the tool estimated the cost of rebuilding one home at $804,000 when it actually cost $2.2 million, according to the complaint.

Antitrust Claims

The antitrust claim is based on allegations that the companies that produce these tools essentially monopolize the market, while providing flawed products, and State Farm has been complicit by decreasing ensures valuations for homes. However, the judge indicated that he did he was unsure that antitrust claims were appropriate for allegations linked to an insurance company allegedly relying on unreliable valuation tools that cost homeowners to suffer. Instead, he indicated that the product liability or negligence claim might be more appropriate.

In addition to the antitrust claims, the plaintiffs are alleging bad faith, breach of the implied covenant of good faith and fair dealing, false promise, negligence, intentional and negligent misrepresentation, reformation, and violations of state consumer laws that cover unfair competition and insurance practices. However, it is the antitrust claims that allow plaintiffs to pursue what are known as treble damages, which can triple any damages awards and, according to the plaintiffs, are necessary to actually recoup the costs of rebuilding. In addition, if plaintiffs prevail in the reformation claims, State Farm and other insurance companies could be forced to rewrite their insurance contracts and cover a small significant portion of homeowners rebuilding costs.

Contact Our Florida Insurance Litigation & Bad Faith Defense Attorneys

The law dictates that homeowners must ensure that their policy limits are adequate – that they review their policy limits carefully and consider insuring one’s property for more than in order to address increasing costs of labor and construction. Our Tampa insurance litigation attorneys represent insurance companies of all types in defending against bad faith and other claims. Contact us today at HD Law Partners to find out more about our services.

Resource:

courthousenews.com/antitrust-claims-against-state-farm-unlikely-to-advance/

Florida Court Finds That Hurricane Insurance Company Did Not Act in Bad Faith in Outdoor Grounds Policy Endorsement

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Money related issues are one of the number one reasons couples end up seeking a divorce.  For many, it is the number one cause of arguments between two married individuals. This is no surprise as, regardless of whether a couple is wealthy or in debt, many have financial disagreements.

Below, we discuss some of the biggest money-related reasons people end up getting divorced:

Opposing Views Of Money

One of the reasons financial issues become a problem is because couples fail to discuss these issues before getting married; only to find out afterwards that they have completely opposite views of money. Sometimes this leads to a “spender” and a “saver,” for example, who are continually at odds with one another. This can especially become an issue if a couple starts out in debt, which many do. This sometimes also adds to the anxiety which, in turn, can make discussing finances even more daunting.

Credit Card Debt

Credit card debt is another issue that sometimes comes between people, especially when one individual has worked overtime to pay off their own debt; only to have their spouse rack up new debt that they will both be responsible for. In fact, the larger a couple’s debt, the more likely money becomes an issue that they fight about.

Costly Financial Decisions – Alone & Together

Financial infidelity can have a devastating effect on marriage, and include secret purchases, costly addictions, and secret bank accounts. And when two people make costly spending decisions together, this can also add to the tension. One example is purchasing a house that is simply too expensive to sustainably stay in, as well as major purchases, such as a new car, or even major unexpected expenses, such as having to care for an elderly relative, a medical emergency, or even the wedding.

Bank Accounts & Feeling Marginalized

For some couples, combining bank accounts causes so much stress that advisers even go so far as to recommend keeping separate bank accounts so as to avoid that conflict. In addition, loss of financial control can end up causing some individuals to feel marginalized in the marriage, as though they do not contribute enough to the family wealth. This is sometimes the case for women in high net worth situations, for example.

Contact Our Florida Divorce Attorneys Today

Family court issues are some of the most stressful legal issues in the courts. Given that your personal and family’s financial well-being is at stake, you want to make sure that you work with the very best family law attorney in order to ensure that you are protected. Contact our experienced Tampa family attorneys at HD Law Partners today to find out more about our legal services.

Resources:

https://www.independent.co.uk/news/business/news/money-marriage-end-divorce-day-relationships-personal–finances-slater-gordon-a8147921.html

https://www.businessinsider.com/divorce-money-issues-financial-relationship-couple-2019-7

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On July 15, a Florida Federal District Court made an important insurance bad faith litigation decision that involved a hurricane insurance claim. The court ultimately found that the insurance company must provide coverage to a limited number of locations when it comes to an outdoor grounds policy endorsement for a country club. The dispute involves damage caused by Hurricane Irma.

The Case & Decision

Grey Oaks Country Club filed a claim with its insurance company – Zurich Insurance Group Ltd – seeking compensation to cover damages from Hurricane Irma at 19 of its property locations. Zurich responded that it was only liable to cover one property/location (or “premises”). In response, the plaintiff country club argued that insurance company breached its coverage obligations under the commercial insurance policy and acted in bad faith by providing only partial payment and instead used the money to negotiate a lower settlement.

In all contract cases, interpreting an insurance contract is a question of law, and therefore must be decided by the court (and not a jury). Florida law dictates that if the “terms” of the contract are “clear” and “unambiguous,” the court must interpret that contract in accordance with its plain meaning. Only when there is ambiguity is it appropriate for the court to resort to outside evidence, where ambiguity is measured by whether the language is susceptible to more than one reasonable interpretation (not just because a contract fails to define a term).

Ultimately the court sided with Zurich because the policy did not define “premises,” therefore the court had to look to the unambiguous, general meaning via the actual addresses provided in the Declarations for Commercial Property Coverage, which included two addresses total. The Court pointed out that the club asking the court to designate each of the 19 locations as separate premises for the purposes of the Outdoor Grounds Coverage was not in keeping with the premises referred to in the Declarations for Commercial Property.  The mailing address listed on the policy is what the court based its decision on and not the Schedule of Forms and Endorsements – which included the Schedule of 19 Locations – that was included.

Contact Our Florida Insurance Litigation Attorneys

Cases like this illustrate just how important it is to work with an attorney when it comes to not only interpreting your insurance contract, but in ensuring that, from the outset, any terms you agree to are favorable to you and what you expect. Our Tampa insurance litigation attorneys have significant experience in breach of contract claims, commercial litigation, insurance claims, insurance bad faith/litigation, and hurricane insurance claim denials, with offices in Tampa, Sarasota, Bradenton, Orlando, and Fort Myers, we are prepared to meet your legal needs. Contact us today at HD Law Partners to find out more.

Resource:

ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2018-00639-55-2-cv

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A new assignment of benefits (AOB) law that came into effect here in Florida in July alters the practice of policyholders assigning third-party claim benefits of an insurance policy and could very well change the insurance litigation landscape in Florida.

The Bill’s Provisions

Prior to now, the combination of this practice with Florida’s one-way attorney fee statute allowed policyholders to recover attorney’s fees from an insurer.  However, the new law that went into effect establishes a number of requirements when it comes to assignment agreement, including:

• Prohibiting certain fees and provisions;
• Requiring insurers to report data on claims being paid by early 2022;
• Transfers multiple pre-suit duties to assignees; and
• Starting in 2023, enables insurers to prohibit assignment, revises the state of Florida’s one-way attorney fee statute, and requires service providers to provide insurers with at least 10 days’ notice before filing a legal complaint.

Purpose & Effect

According to the legislators behind it, the law was passed in response to a decade of “abusive litigation tactics in Florida’s market.” However, the bill has been labeled a “consumer protection measure,” passed in response to a policyholder benefit that has caused higher rates for Florida property owners.

According to some sources, AOB lawsuits have exploded in recent years – especially in South Florida – leading to some insurers to increase rates for most-all of its homeowner’s policyholders to offset litigation expenses. That being said, insurers have also cited the fact that three hurricane seasons in a row have created certain unavoidable obstacles when it comes to elevated insurance rates. In addition, it is important to note that the insurance industry is celebrating this as a legislative victory, and while they expect a reduction in AOB litigation, they do not expect an overall reduction in insurance litigation.

Other Measures Now in Effect

In addition to AOB reform, other legislation – referred to as Florida’s omnibus insurance bill – will also have effects on the state insurance industry by imposing a right to contribution for defense costs for insureds who owe a duty to defend an insured. This is expected to have an important effect on construction defect claims and litigation, where an insured is covered under multiple insurance policies. While, historically, the first insurer would end up covering defense costs, now, these expenses are apportioned in accordance with the terms of the policies. The bill also makes some important changes to Florida’s bad faith statute, precluding parties from filing Civil Remedy Notices for 60 days after an appraisal is invoked in residential insurance disputes, essentially allowing insurers to pay appraisal awards without potential liability for extra contractual damages. 

Contact Our Florida Insurance Litigation Attorneys with Any Questions

If you have any questions about the effect of the new law, or any insurance legal issue, contact our Sarasota insurance litigation attorneys at HD Law Partners today to find out how we can help.

Resource:

flarecord.com/stories/512713451-insurance-office-foresees-difficult-road-ahead-of-new-assignment-of-florida-benefits-law

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An important insurance litigation decided by the 11^th Circuit (Florida) during the second week of March laid the foundation for when insurance companies can determine whether they can indemnify their policyholders.

At Issue in the Case

The case involved an appeal of a district court decision finding that Mid-Continent Casualty Company (MCC)’s complaint for declaratory relief regarding whether it had a duty to indemnify one of its insureds in a pending lawsuit was not yet ripe for adjudication until the underlying lawsuit was resolved because the company’s duty to indemnify depends upon the resolution of that underlying lawsuit.

Rule, Analysis, & Conclusion

MCC had issued a number of insurance policies to a Florida construction company (Delacruz) that built single-family homes. As part of those policies, MCC was obligated to defend and indemnify Delacruz under certain conditions if they are sued for defective construction. Once the project was completed, a number of homeowners sued the general contractor that hired Delacruz for defective construction. The general contractor then turned around the sued Delacruz and its subcontractors for breach of contract, common law indemnity, contractual indemnity, Florida building code violations, and negligence. MCC sought a declaration in court that it is not obligated to indemnify Delacruz, claiming that the alleged defective construction claims fell outside of the policy limits they set on Delacruz, and the District Court ruled that the duty to indemnify was not yet ripe for adjudication because the underlying lawsuit (i.e. the general contractor’s lawsuit against Delacruz) was not yet resolved. In other words, before MCC’s motions can be resolved, Delacruz’ liability has to be established.

While the 11^th Circuit had not, before now, directly addressed the question of whether it is appropriate for a district court to assess an insurer’s duty to indemnify before an underlying lawsuit is resolved, they had already considered the issue in an unpublished opinion, finding that the duty to indemnify is always dependent upon the entry of a final judgment, resolution, or settlement addressing the underlying claims. In addition, a number of Florida district courts had already ruled that an insurer’s duty to indemnify is not ripe until an underlying lawsuit is resolved or the insured’s liability is established. As a result, the 11^th Circuit agreed with existing case law and the district court’s opinion in this case that MCC’s duty to indemnify Delacruz could not be decided (i.e. was not “ripe for adjudication”) until the underlying lawsuit (the general contractor’s claim against Delacruz) is resolved.

Contact Our Florida Insurance Litigation Attorneys to Find Out More

When it comes to insurance-related litigation in Florida, HD Law Partners has that experience necessary to properly represent an insurance carrier such that they do not waste their time and money presenting motions in court that are not yet ripe for review. Contact our insurance attorneys today to find out more about our services.

Resource

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Given the devastation caused by hurricane Michael to Florida last October, there is still plenty to be done, especially as a number of property owners are still waiting for their insurance companies to ‘make them whole’ in terms of their losses. In an effort to provide some relief to affected Florida property owners, on April 16, Florida state lawmakers moved legislation that aims to provide assistance to Floridians that are still recovering from the hurricane. Specifically, Senate Appropriations approved two bills to provide assistance in debris removal, housing, infrastructure, and other necessary repairs.

Funds Set Aside for Hurricane Recovery

One provision would also create a $300 million program of “rainy day” funds for local governments and school boards, allowing them to prioritize funds for housing needs, task forces to oversee recovery efforts, and improving building codes.

If the bills are implemented, total Florida state commitment on Hurricane Michael recovery would come to almost $2 billion. In addition, another bill that was approved on April 16 would take some funds set aside for the 2010 Deepwater Horizon oil spill and allow them to, instead, be used for hurricane recovery needs. The measure would direct the state Department of Economic Opportunity to designate a number of recovery infrastructure project priorities, especially in counties such as Calhoun, Jackson, Liberty, Jefferson, Holmes, Jackson, Gadsden, and Washington.

What About the Florida Power & Light Controversy?

In May, state regulators will decide on the controversial issue involving Florida Power & Light’s costs to restore power after hurricanes; specifically, a number of business groups, as well as the state Office of Public Counsel, have argued that Florida Power & Light did not rely on the proper processes for paying storm costs and failed to follow its mandate of passing savings onto tax paying customers. Under a 2016 base-rate settlement approved by the Public Service Commission, the company was allowed to pass along hurricane restoration costs to customers in the event of a hurricane; however, by the company relying on a reserve to cover hurricane restoration costs, and then using tax savings to replenish the reserve, business groups and the Office of Public Counsel contend that the company failed to actually pass on tax savings to customers, as it was supposed to.

Contact Our Florida Hurricane Insurance Claim Attorneys If You Are In Need Of Recovery Relief

Northwest Florida in particular is still suffering after the category four hurricane, and Congress has been unable to agree on in a package for a number of disasters, including hurricane Michael.

If your home suffered damage, working with a Florida hurricane insurance attorney to file your insurance claim, or appeal any denied or delayed coverage, can make all the difference in ensuring that you get what you need to get back on the road to recovery. Contact our successful Fort Myers hurricane insurance claim denial attorneys at HD Law Partners today to find out how we can help.

Resources:

miami.cbslocal.com/2019/04/16/florida-lawmakers-hurricane-michael-relief/

www.miamiherald.com/news/politics-government/state-politics/article229361014.html

“What Hurricane Michael Damage Looks Like Today”

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The divorce process became significantly more complicated this year with the code changes. Not only did a number of Americans end up owing more than expected, but along with these changes also came a slew of unforeseen consequences. For example, the spouse paying alimony can no longer deduct the payment, and the spouse receiving alimony no longer has to pay taxes on it as income, making alimony payments in general costlier, and divorce negotiations more strained. This loss is not insignificant: for some, it amounts to thousands of dollars; and its loss becomes more and more significant as the income difference increases.

In an effort to offset some of the losses associated with the loss of the alimony deduction, as one example, a number of divorce attorneys and accountants are resorting to other money saving (creative) techniques, as we discuss below.

Grantor Trusts

One way to try and get around this loss is to set up a trust for the spouse who would otherwise receive alimony. Known as “grantor trusts,” they are effectively designed to pay out income without the tax burden, and are funded with assets designed to generate income. It is essentially a property settlement that must be established after the divorce decree has been finalized. Trusts set up like these ensure that payments continue even if the paying spouse passes away and when the receiving spouse passes away, the rest goes to heirs. However, some accountants have warned that the IRS could see this is simply disguised alimony.

Property Taxes & The Family Home

Another serious aspect of voice is changed is the decision to hold onto the family home. Before the tax code change, sometimes the spouse with less income would choose to hold onto the home for the sake of the children. However, this has now become significantly more expensive to do because property taxes are no longer fully deductible, and this has led some to sell the home.

Dependent Exemptions

Dependents and associated deductions have also changed significantly. The $4,050 exemption per dependent has completely disappeared, although the child tax credit was increased from $1,000 to $2,000. Still, this credit starts to phase out as soon as parents reach a certain income. This has changed circumstances for a number of parents, and some have found that allowing the spouse who makes less income to spend more time with the children could end up being helpful, financially, down the road.

Consider Doing A Practice Run

Overall, the divorce process has become far more complicated in states where standards are significantly different than the new federal standards. A number of accounting advisors suggest that couples go through a practice, or “pro forma” tax filing in order to provide them with some foresight about how certain choices with respect to filing will affect them. For example, couples may find that filing taxes jointly is more expensive than filing separately.

Contact Our Florida Divorce Attorneys to Find Out More

If you live in Florida and are contemplating divorce, contact our experienced Tampa divorce attorneys at HD Law Partners today to find out how we can help.

Resource:

nytimes.com/2019/04/19/your-money/taxes-tips-divorce.html

What Will And Will Not Impact A Divorce Settlement?

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