There is no question that Hurricane Michael has wreaked incredible devastation to many Floridians, both destroying their homes and their places of work. While a number of media outlets have focused on the estimated damage to agricultural resources and related business operations, as of late, new housing has emerged as one of the most challenging struggles for those affected by the hurricane.

The damage wreaked by Michael not only affected a number of property owners, but those who depend upon spring tourism as well. With a number of businesses now awaiting the arrival of beach tourists to make up for their losses, those displaced by the hurricane who still have not been made whole by their insurance companies are concerned that they could find themselves homeless, as they have, up until now, had to depend upon temporary housing which could now be turned over to tourists. According to reports, their monthly and weekly rates are now expected to double, while others are being turned out without the option of lease renewals.

Insurance Companies Blocking Return To Homes

Even a number of homeowners who may want to return to their homes and have, in some circumstances, been told by insurance adjusters that they cannot due to a lack of power and significant water damage. In fact, some counties even ordered mandatory evacuation prior to Hurricane Michael’s arrival. Meanwhile, the Federal Emergency Management Agency only covered the first two weeks of temporary housing for these displaced individuals, and many have spent the last few months wrestling with insurance adjusters and searching for available contractors in an effort to get their lives back on track.

At the heart of many of these headaches are the delays in settling insurance claims. Due to these delays,  a number of homeowners have had to get extension after extension, all while it is near-impossible to find available contractors, nearing severely desperate circumstances. Temporary housing was the only option keeping them from homelessness in the hopes that homes would be ready for their return by the time the spring was over. However, due to insurance claim delays, those returns aren’t possible, as these homes still remain uninhabitable, especially since now the limited number of contractors available will also face a housing shortage.  In addition, some property owners are now facing special assessments of thousands of dollars from homeowners associations in order to “repair storm damage.”

If You Live In Florida and Are Suffering From a Hurricane Claim Delay, Contact Our Attorneys

If you have suffered due to Hurricane Michael, and fear that you could be left homeless due to a delayed insurance claim, contact our Florida hurricane insurance claim attorneys at HD Law Partners today to find out how we can help you and your family secure your future.

Resource:

govtech.com/em/disaster/New-Housing-Struggle-Emerges-for-Those-Displaced-by-Hurricane-Michael.html#closeMobAd

A Look at the Damage to Florida Lives & Crops from Hurricane Michael

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When it comes to being a landlord preparing your property to be rented by tenants, there are a number of helpful tasks that a landlord-tenant attorney can help you with. This includes precautions that will likely provide you with more protection than simply working with a property management company that does not have any experienced attorneys on staff.

Let’s take, for example, the task of finding your tenants: Let’s say you and/or the property management company having potential tenants that appear to be good on paper, but also appear to have bad credit. An attorney can help you build in some protection for yourself in case these tenants do not work out. Start by running through their references, and remember that a credit score does not tell the whole story, especially if someone experienced a couple of difficult years. You can ask their references about what is important as a landlord—did they pay rent on time, respect the premises, etc. —and then ask the tenant for additional specifics as to why their credit score might be low.

Asking About References

Here are some overall questions you may want to ask references about your prospective tenants:

• How frequently was the tenant late with rent, if at all?
• Did they take good care of the property? What about basic maintenance?
• How frequently did they get in touch, and over what issue(s)?
• Were there any complaints about the tenant from neighbors?
• Under what conditions did the tenant leave? Did they provide enough notice?

Speaking With the Prospective Tenant

You should also speak with the tenant about their poor financial score and what might have caused it. For example, if they, at one point had to declare bankruptcy, that could be an indication of where they were at financially at that point in their lives, but doesn’t necessarily indicate that collecting rent on time is going to be a problem now.

Additional Contractual Precautions

Also keep in mind that there are additional precautions you can take if you are concerned about your new tenant having a bad credit score; for example:

• Collecting a larger deposit from them, and including, in their contract, that the deposit can be used at your discretion to address any unpaid rent and damage;
• Opting for a month-to-month versus annual lease;
• Considering having the tenant take over on accounts that you might have otherwise kept in your name, such as the water, garbage, etc.; and/or
• Charging more in rent each month.

Contact Our Florida Landlord-Tenant Attorneys to Find Out More

As Florida landlord-tenant attorneys who have worked with a number of landlord clients over the years, we are here to help when it comes to any contract, legal, and other questions you might have about the process. Contact us today at HD Law Partners to find out more about our services.

Resource:

forbes.com/sites/forbesrealestatecouncil/2019/02/19/great-tenant-bad-credit-what-are-a-landlords-options/#3758129e3fee

Posted in Homeowners Association, Landlord Tenant | No Comments »

Hurricane Michael has been labeled the “third-most intense Atlantic hurricane to make landfall in the United States.” As of November 26, more than 43 deaths in Florida have been linked to the disaster, with 23 of them all hitting Bay County alone. On Thanksgiving Day, thousands of Floridians remained homeless because they lost everything to the hurricane.

In addition to taking human lives, Hurricane Michael has done significant damage to Florida’s panhandle crops, which will inevitably involve a number of complicated insurance claims to be filed, as we discuss below.

Crop Producers Hardest Hit

When the hurricane hit, bell pepper, squash, and tomato producers were only approximately five days into their season, and were the hardest hit, which included approximately 200 acres of bell peppers and anywhere between 1,000 and 1,500 acres of tomatoes. According to reports, these producers lost approximately 90 percent of their crops. In addition, starting over with their crops has been tremendously difficult because the crop stakes were reportedly blown over and exposed to sun damage, and many of the packinghouses were also significantly damaged from the hurricane, leaving producers with nowhere to go to pack their products.

Unfortunately, these effects are far from over: An estimated half of all growers in the region are small and independent, and only started out with 75 to 350 acres total to begin with. Only producing in that one area, it is impossible for them to make up production by growing in other regions, and harvest time is only 10 weeks out of the year. In other words 50 percent of their market year is now gone.

Hurricane Michael Claims

According to the Florida Office of Insurance Regulation, the following numbers of claims have been filed for residential and commercial properties, including business interruption costs:

• Residential Property: 85, 017
• Commercial Property: 6,830
• Private Flood: 158
• Business Interruption: 658
• Other Business Loss Claims: 32, 693

The highest number of claims have been filed in Bay County (75,412), followed by Jackson (12,605), Leon (8,661), and Gulf Counties (7,231). The total estimated insured losses thus far come to $3,430,014,424. Of these claims filed, only a small number have been paid, while thousands of others are either currently classified as not paid or still open.

 If You Have Suffered Losses Due To Hurricane Michael, Contact Our Insurance Claim Attorneys

While home damage is bad enough during a hurricane, damage to businesses and farming productions can be significant, especially when it comes to hurricanes that hit Florida.

If you have suffered some type of damage, contact our Fort Myers hurricane insurance attorneys at HD Law Partners today to find out how we can help. We not only work with producers to file their insurance claims, but in appealing denied claims and in addressing unnecessary delays from insurance companies.

Resource:

mynews13.com/fl/orlando/news/2018/11/26/hurricane-michael–florida-death-toll-up-to-43-people

thepacker.com/article/florida-panhandle-crops-hard-hit-michael

pbs.org/newshour/show/many-hurricane-michael-survivors-spent-thanksgiving-homeless

Posted in Fort Myers Hurricane Insurance Attorney | No Comments »

Any divorce finalized after December 31 will not be able to take advantage of the tax deduction, which was eliminated in the Tax Cuts and Jobs Act. The deduction disappearing has a number of couples rushing to get things finalized before 2019 arrives, as payers (in the higher income tax bracket) will no longer be able to deduct the payments on their annual returns, while recipients will no longer be paying taxes on alimony as income.

In fact, payers will now owe the Internal Revenue Service taxes on the amount paid, while recipients will owe nothing. According to reports, last year alone, close to 600,000 taxpayers claimed deductions for close to $13 billion in alimony paid the previous year. The elimination of the deduction was reportedly intended to offset budget deficits created by lowering the corporate tax rate from 35 to 21 percent.

And unfortunately, however, couples’ needing to come to an agreement isn’t the only hurdle: There must also be enough judges—and time—to sign off on divorce agreements before the end of 2018 in order for couples to take advantage of the alimony deduction. 

Hope on the Horizon?

There may still be some hope: the states typically determine alimony guidelines, and may be able to soften the blow” somewhat for payers to take over for some of the increased tax burden. In addition, ex-spouses will still be able to claim their ex’s Social Security benefits upon retirement if they were married for at least 10 years and he or she did not get remarried.

If You Are Rushing To Take Advantage of the Deduction

If you are hoping to have your settlement finalized by the end of the year, keep the following in mind:

• Ensure that your settlement is a final settlement order or court order—not a temporary agreement;
• Note that having a prenuptial agreement in place does not automatically guarantee that you are privy to the alimony deduction moving forward. If the agreement is tied to tax provisions that will be out of date, this could threaten that deduction; and
• Note that the new tax rules will not apply to modifications of agreements that were entered into prior to 2019 unless that is specifically written into the decree.

Consult an Experienced Florida Divorce Attorney

Experts agree that there is good reason to rush the divorce and to make it in by 2018 because there are significant savings to be had.  The Florida divorce attorneys at HD Law Partners are dedicated to helping our clients get through their divorce as efficiently as possible and on the right financial track. Contact us today to find out more.

Resources:

hchicagotribune.com/business/ct-biz-divorce-alimony-new-tax-law-20181129-story.html

marketwatch.com/story/under-trumps-tax-plan-divorces-are-about-to-get-a-lot-nastier-2017-11-03

Posted in Alimony, Divorce | No Comments »

On December 5, Florida-based Citizens Property Insurance Corporation announced that it would be paying a number of appraisers to review various hurricane insurance lawsuits and disputes related to Hurricane Irma and expediting settlement and resolutions of these disputes. Reportedly, if the appraisers cannot come to an agreement, Citizens will resort to paying “umpires” to make binding decisions.

According to the company’s chief claims officer, the goal is to settle about 6,500 lawsuits. Still, only a reported 60 plaintiffs have accepted offers from the company since it started contacting plaintiff’s’ attorneys in mid-October, possibly because a number of claimants may realize that they will not be offered what they need directly from the company.

Hurricane Irma, Citizens Property Insurance, and Current Claims

Hurricane Irma significantly affected Citizens Property Insurance, as a number of Florida property owners had policies with the company. According to reports, just between January and October 2018, there was a 71 percent increase in lawsuits against the company, with more than 1,100 lawsuits filed each month. Of the current 6,500 open Hurricane Irma lawsuits, 84 percent reportedly involve disputes concerning how much money it will take to bring properties back to pre-loss conditions. These involve cases where Citizens either made inadequate payments to policyholders or decided that no payment was due because damage costs did not exceed deductible amounts. 89 percent of the thousands of open lawsuits originated from Broward and Miami-Dade counties, which are home to approximately 51 percent of Citizens’ policyholders.

Is Accepting A Settlement Offer Best For A Property Owner?

All too frequently, umpires want to split the difference on a claim, regardless of how much damage a property owner has sustained. Thus, for example, if repairs are going to cost a property owner $100,000, and Citizens offers $5,000, the property owner would have to accept half of what they actually need.

Many also feel that Citizens should have made fair offers from the get-go instead of waiting to be sued and them seeking settlements.  According to reports from February 2018, Citizens chose to fight cases longer and take more cases to trial, spending more per case on defense costs, and likely passing those costs onto its customers. As of April 30, the company was a defendant in more than 10,400 open cases; a reflection of its choice “to fight” rather than settle.

 Contact Our Florida Hurricane Claim Attorneys Before You Accept Any Insurance Settlement

You should never accept a settlement from your insurance company without first discussing with an experienced insurance claim attorney whether you are being offered what you are due. If you have suffered damage due to Hurricane Irma, contact one of our experienced Florida hurricane insurance claim attorneys at HD Law Partners to ensure that you get the compensation you need to help you move on and recover.

Resources:

sun-sentinel.com/business/fl-bz-citizens-to-propose-irma-suit-settlements-20181205-story.html

sun-sentinel.com/business/fl-bz-lawsuits-against-citizens-decline-20180201-story.html

A Look at Hurricane Michael’s Damage in Florida & New Rules for Insurance Companies

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Some of the many landlord-tenant legal issues that we deal with have to do with landlords who are ready to sell their property that is currently being rented by tenants. Below, we discuss some of the options that you as a landlord have to do so; based on what type of lease agreement you have with your tenants; and how to deal with any bumps that might come along during the process:

Month-To-Month Leases

A month-to-month lease is arguably the best situation for a landlord because you usually only have to provide between 30 and 60 days notice to your tenants. However, first and foremost, you must ensure that you abide by the terms of your lease, including any particular provisions that were put in. Not only is it the law, but being respectful and keeping your tenant(s) informed can only help you with the selling process.

That being said, make sure you also ‘dot the i’s and cross the t’s,’ and put everything in writing, including a reminder of what date their lease ends and the date by which the tenant(s) need to move out and return the keys to you.

Fixed Term Leases

When it comes to a fixed term lease, your tenant(s) have the right to remain on the property through the duration of their lease, unless you inserted an early termination clause. This is why it is advisable to work with an attorney from the get-go when it comes to being a landlord, including in drafting your tenant agreements, so that you can include any and all clauses you might need to address any exigent circumstances that may come up.

Difficulties, Incentives, Other Options, and Termination

What do you do if difficulties arise with respect to your tenant(s)? First and foremost, definitely wait until the end of the lease, per the lease agreement, before you place the property on the market. The last thing that you want is a tenant potentially interfering with the selling process and making things difficult.

Note that it can also sometimes be helpful to provide incentives to your tenant(s), such as a discount on their rent, in an effort to obtain their assistance if they are remaining in the unit as you place the property on the market. For example, it is extremely helpful for tenant(s) to leave the premises clean and be will to accommodate last-minute showing requests.

Some other options include:

• Offering your tenant(s) the first right to purchase the property;
• Paying them out for the remainder of their lease so that they will leave; and/or
• Selling to an investor who can purchase the property while your tenant’s lease is still active.

Do keep in mind that you can terminate the lease if the tenant(s) go so far as to:

• Become a nuisance to neighbors;
• Cause damage to the property;
• Engage in illegal activities, such as possession of drugs;
• Fail to pay rent (or continuously pay it late);
• Provided any misrepresentations on their rental application; and/or
• Violate any lease terms, such as a no-pet clause.

Contact Our Florida Landlord Tenant Attorneys

Contact our Florida landlord-tenant, property management, property owner attorneys at HD Law Partners today with any questions.

Resource:

forbes.com/sites/forbesrealestatecouncil/2018/12/12/what-landlords-need-to-know-about-selling-a-tenant-occupied-property/#605ab2974b76

Posted in Landlord Tenant | No Comments »

As family law attorneys who assist a number of clients going through divorce in Florida each year, we frequently hear clients tell us that they decided to get a divorce because they experienced ‘the last straw,’ or, conversely, that they felt blindsided by their partner, who said that something triggered ‘the law straw’ and made them want a divorce.

What is the law straw, and what triggers it? Below, we discuss some advice from the experts on its origins with respect to divorce:

More a Reflection of Ongoing Issues versus One Major Event

The last straw is often more a culmination of realizations and issues over time as opposed to the dramatic event or fight that is sometimes portrayed in the movies. It is often a symptom of a series of ongoing issues or breakdowns in the marriage until, one day; one person decides that it is more painful to stay in the marriage than to leave. In other words, the last straw can be the result of an emotional realization as opposed to a major event.

Difficult To Predict

As a result, many people do not realize that it’s arrived until it’s actually there because it can be extremely difficult to predict how you will feel and what you will do when triggered, and the spouse who doesn’t experience it can sometimes feel blindsided. It can be especially surprising because it is often the culmination of small behaviors which, over time, can break down the relationship. For example, one partner may decide that, after getting the silent treatment for the 100^th time, they’ve had enough, and that is the last straw.

Contrary to Public Profiles

It may also come as a surprise to those around them with respect to what they see on social media. A number of couples have their couple profiles so well-managed on social media that the last straw—and divorce itself—can come as a complete surprise to others in their lives.

Affects the Ability to Moving Forward

In most instances, the last straw isn’t as much of an outward event as it is a moment of self-realization; the realization that someone no longer wants to work on the issues they were perhaps willing to work on before. What this also means is that, if one person experiences it before or without the other, that person is usually able to grieve the end of the relationship before the other, and even emotionally detach themselves.

Contact Our Florida Divorce Attorneys

Of course, not every divorce involves a final straw. Regardless of what the circumstances are, selecting the right person to assist you and work alongside your interests is absolutely key. Contact our Florida divorce attorneys at HD Law Partners to find out more about how we can help you with next steps.

Posted in Divorce | No Comments »

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

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

Forming or Dissolving a Business

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

If you are already incorporated, perhaps you are thinking of changing your legal structure, to a sole proprietorship, an LLC or S Corporation, etc. Your business law attorney can help advise you and answer any questions you may have to help you figure out which direction you want to go in.

Meeting With Accountants and Bookkeepers

Also make sure that you meet with an accountant and/or bookkeeper as well to go over financial statements, ask any questions, and form a plan for filing taxes this spring so that you are ready and know what to expect regarding deductions and other important business matters. This meeting may also make you realize that there are some “loose ends” that need to be tied before taxes are filed, such as revisiting your inventory and/or coming up with a new business strategy for the coming year; a strategy that perhaps includes updating your social media presence and/or reviewing and revising your business plan.

New Hires & End-Of-Year Reviews

If you are preparing to hire new employees, you will need to gather certain documents in preparation of this process, such as documentation related to your employer identification number, Form I-9, tax withholdings, workers’ compensation insurance, and documents related to reporting new hires to the state.

If you already have employees, you may also want to schedule your year-end reviews and update them about any upcoming changes associated with the day-to-day business operations. This will also give you a chance to review 2018 and your failures and accomplishments with your team.

Contact Our Florida Business & Corporate Law Attorneys

At HD Law Partners, our Tampa business law attorneys have the experience and legal know-how to ensure that you and your business are on-track for 2019. Contact us today to find out more about our services—our corporate lawyers serve clients in Tampa, Sarasota, Orlando, and surrounding areas.

Resource:

forbes.com/sites/allbusiness/2018/12/22/business-owner-end-of-year-checklist/#42150aa41c25

Posted in Uncategorized | No Comments »

The estimated damage – just to agricultural resources – from Hurricane Michael across Florida and several other states is forecast to go over $1.3 billion, and includes cotton farms, pecan farms, and poultry operations as some of the hardest hit. Hurricanes are especially damaging to cotton crops, leading to an increase in the price of cotton. It is clear that farmers in particular are going to need all the help they can get in order to recover, and most of that help will need to come from crop insurance.

Florida also suffered significant timber losses as well. An estimated three million acres of timber were damaged by the hurricane, along with other commodities. It will likely take years for the industry to recover and replace lost trees.

In anticipation of these losses and those expected to hit homeowners, in mid-October, Gov. Rick Scott ordered emergency changes to insurance rules as they apply Hurricane Michael recovery, specifically. Under these rules, not only do policyholders now have an extra 90 days to submit their claims, but insurance companies are prohibited from canceling or failing to renew homeowners’ policies on homes damaged by Hurricane Michael for 90 days as well. In addition, Florida’s insurance regulator issued an emergency order that freezes any rate hike for 90 days in order to support recovery efforts in areas impacted by the Hurricane.

Claims Thus Far & the Florida Hurricane Catastrophe Fund

According to the Florida Office of Insurance Regulation, close to 40,000 claims have already been submitted for damage related to Hurricane Michael, and almost $6 million in insured losses paid out thus far. Most of the claims are reportedly wind-related, and half from mobile home owners. These numbers are expected to increase significantly as more and more damage is assessed. Hurricane Irma alone, for example, brought in close to one million in claims and over $10 billion in insured losses.

In addition, the Florida Hurricane Catastrophe Fund was established to provide funds for insurance companies in order to help them pay customer claims. The fund reportedly has $16.2 billion in reserves, with a capacity of $17 billion, and with a bond for an additional $800 million, if needed.

Don’t Wait: Contact One of Our Florida Hurricane Insurance Claim Attorneys

If you have suffered loss from Hurricane Michael, do not wait on filing your claim. Many policyholders are still waiting to receive help from damaged caused by Hurricane Irma. Florida regulators have made it clear that, this time around, insurance companies need to provide a speedy response and be prepared prior to the storm, ensuring that they are there to help property owners impacted by Hurricane Michael.

Contact one of our experienced Florida hurricane insurance claim attorneys  at HD Law Partners today to get the help you need and ensure that your claim is processed properly.

Resource:

cnbc.com/2018/10/15/agricultural-damage-from-hurricane-michael-forecast-to-top-1point3-billion.html

tampabay.com/news/business/banking/Early-Hurricane-Michael-claims-38-000-5-7M-in-damages_172681252

insurancejournal.com/news/southeast/2018/10/16/504583.htm

Tags: Florida Hurricane Claim Attorney, Florida Hurricane Claim Attorneys, Tampa Insurance Defense Attorney, Tampa Insurance Defense Attorneys
Posted in Hurricane Claims, Hurricane Insurance | No Comments »

While new technology is expected to solve a number of our problems–from reducing human error to growing the global economy–it is also expected to have a significant effect on corporate liability, commercial litigation, insurance litigation, and product liability claims. As the industry grows in complex technology, companies and insurers need to make sure that they consult the right attorneys so that they ensure that their claims processing is up-to-date because, as cyber risk liabilities increase, so too does liability for manufacturers, suppliers and providers.

The General Risk of Increasing Digitalization

Take, for example, liabilities surrounding cyber security and the increasing digitalization of society: liability and litigation is becoming more and more complex and technical, especially as data protection rules become stricter and carry stiffer penalties in response to governments trying to bolster cyber security and protect privacy. An accident no longer involves just two people, but manufacturers, software providers, and other third parties, all requiring that insurance claims handlers and other experts understand specific algorithms involved in order to determine the cause of accidents.

Let’s take a look at another emerging technology and how it could become a major driver of liability and insurance claims in the years to come: 3D printing. This technology is expected to completely change manufacturing, growing from a market estimated at around $9 billion today to a potential global value of $640 billion.

While it has the potential to make businesses significantly operationally faster, more widespread use of the technology also introduces new complexity into the supply chain. Internet sales platforms, product designers, and software providers all bring their own particular liability into the equation, which raises new issues and questions as to what happens in the event of a product defect.

When it comes to 3D printing, examples of new potential liabilities and third party questions include:

• Whether the 3D design itself, and the designer (if the design can be considered a “product” covered under the law);
• Who has a duty to warn about any potential unsafe products? Does this include operators of internet sales platforms?
• Is the software itself considered a “product” within the confines of the law? If so, are software manufacturers properly covered for product liability?
• What about personalized products? How do they figure into product testing and protection against product defects/liability?

Do Not Leave Yourself Vulnerable: Contact Our Florida Corporate Liability Attorneys

It becomes clear that any companies that deal with these types of technologies need to constantly test their own risk management processes in order to ensure that they are up-to-date and covered. The introduction of any new update could leave a company, manufacturer, or even insurer completely vulnerable to a slew of new litigation.

If you are concerned about the potential repercussions of new technology in the field of business or insurance, contact our Tampa business attorneys at HD Law Partners today. We practice in a number of these areas—including business law, business insurance law, corporate law, insurance defense, and product liability, and we are here to help.

Resource:

https://insurancejournal.com/news/national/2018/10/19/504988.htm

Tags: Tampa Business Attorney, Tampa Business Attorneys, Tampa Business Lawyer, Tampa Business Lawyers
Posted in Business Corporate, Business Insurance Law | No Comments »