According to recent reports, the top 20 property insurers in Florida were served with more than 10,000 lawsuits over hurricane Irma claim denials just between January and March, reflecting a more than 61 percent increase from last year.
Universal Property & Casualty Co.—Florida’s largest insurer—noted that the company has received close to 80,000 Hurricane Irma-related claims, including many from Broward, Miami-Dade, and Palm Beach counties. In addition, Irma-related claims account for close to 60 percent of all new claim-related litigation filed against Citizens Property Insurance Co. (the second largest insurer in Florida).
Inadequate Recovery Also Remains an Issue
Not all of these claims involve outright denials; a good percentage also involve challenges to the companies’ decisions about the scope of damages, arguing that the amount paid to homeowners was inadequate. A good percentage also involved the determination that policyholders were owed nothing at all because the loss calculated did not surpass the policy deductible.
Corruption within the National Flood Insurance Program?
In late April, CBS News ran coverage of flood insurance claim denial and delay within the National Flood Insurance Program, which was established to help flood victims, and is run by the Federal Emergency Management Agency (FEMA). Insurance premiums and taxpayers fund the program with approximately $3 billion in funds each year.
Reportedly, FEMA outsources most of their policies to private insurance companies known as “write-your-owns.” These private insurers are paid out of the same funds that are supposed to go to flood victims; in fact, in some years, two-thirds of that budget goes to the private insurance companies and the attorneys who represent these private insurers. Thus, in essence, homeowners are funding the attorneys who fight them in court.
Fort Myers Florida Hurricane Insurance Claim Denial Attorneys
The hurricane season is less than a month away. It is a tragedy for homeowners to pay into hurricane insurance for years, only to be denied assistance when they really need it, post-Hurricane Irma. New insurance-loss estimates from Hurricane Irma surpass $7 billion, even as more and more claims continue to be filed. The vast majority of these involve residential property in southern parts of the state, and more than 30 percent of them were closed without any payment whatsoever.
If your home suffered a loss due to the hurricane, contact our experienced Florida hurricane insurance attorneys at HD Law Partners to obtain our assistance with filing a claim or challenging a denial or inadequate amount of recovery for your loss.
Resources:
http://www.sun-sentinel.com/business/fl-bz-hurricane-irma-suits-on-rise-against-insurers-20180502-story.html

It seems like every day, there are disputes between homeowners associations and its members, even though these disputes are supposed to be avoided by specific, detailed covenants and restrictions agreements residents agree to when they buy into these associations.
There are always going to be circumstances under which homeowners associations and property managers must take emergency action in order to secure the safety of the entire community. However, as highlighted by a recent news article, residents aren’t always happy about these actions, and sometimes resort to suing the association.
This Particular Proposal
In this particular circumstance, the association found itself in need of taking traffic enforcement into its own hands and proposed sanctioning residents if they were caught speeding because the local police department could not possibly manage the issue on its own, given the breadth of their jurisdiction. Under this proposal, repeat offenders could even have the bar codes that get them into the community suspended, forcing them to wait for a security guard to let them in. A first offense would simply produce a warning, but any other subsequent offense could result in a resident’s barcode being suspended.
The Importance of a Comprehensive Agreement
Issues like these highlight the importance of every homeowners association having comprehensive covenants and restrictions agreements which address potential issues like these that could come up, making it clear to residents that the association has the ability to take this action, and that they, as residents, have been provided notice, and have even agreed to the association’s right to take these steps.
Legally, while an association could not take over on powers that are only allotted to local law enforcement (for example, issuing traffic tickets), they can fine residents for violating rules set forth in the association agreement, such as those prohibiting overnight on-street parking. State Attorneys General will occasionally address division of power issues like these, for example, noting that property owners associations are able to assess and collect fines and penalties, but that this involves a private matter between the association and the violator, and not the state or its law enforcement powers. In fact, police departments in some states aren’t legally allowed to issue speeding tickets based on the type of electronic monitoring and photographs that associations will often put up in order to gather this type of data.
Consult an Experienced Florida Homeowners Association Attorney
You never want to find yourself in a situation whereby you are dealing with a lawsuit from a resident because you did not properly address an issue in your covenants and restrictions agreement. Contact one of our experienced homeowners’ association attorneys at HD Law Partners today to discuss the proactive legal representation we provide to homeowners associations and property managers—we serve clients throughout Bradenton, Orlando, Sarasota, and Tampa, Florida.
Resources:
2hsvz0l74ah31vgcm16peuy12tz.wpengine.netdna-cdn.com/wp-content/uploads/2013/11/01aug30stewart002.pdf
A lawsuit that concluded this spring highlights an important potential liability for homeowners associations around the country: playgrounds. One homeowners’ association in particular was hit with a $20 million jury award after a teenager was injured on the property’s playground.
Reportedly, the 42-pound crossbar of the swing set fell on the boy sitting on the swing set due to corrosion at the connection points, causing him serious injuries. Reportedly, not only had the homeowners association previously experienced three swing set failures on this playground, but they also did not arrange for any inspections or regular maintenance. Unfortunately, the homeowners association only had $2 million in liability insurance coverage, and $10 million out of the total $20 million award was entirely attributed to punitive damages.
Previous Incidents plus Failure to Maintain Equals Trouble
Many lessons can be learned from this case when it comes to homeowners associations and common areas, including recreation equipment. In this case, two factors in particular worked against the homeowners association: Not only had there been previous injury incidents (indicating that the association was put on warning that the playground had safety issues), but failing to arrange for periodic inspections can also sometimes be used to argue that an association has been negligent with accidents like these.
U.S. Consumer Product Safety Commission Public Playground Safety Handbook
In Florida, as in other states, playgrounds must comply with the requirements set forth by the U.S. Consumer Product Safety Commission. This states that equipment should be thoroughly inspected frequently by someone who is qualified to inspect playgrounds for safety in order to prevent injuries that may result from wear and tear on the equipment. Routine inspection and maintenance issues include checking to see if there is broken equipment, loose bolts, cracks, broken glass anywhere, cracks in any plastic, displaced loose-fill surfacing, hazardous debris, holes, insect damage, loose anchoring, surfacing problems, rust, rot, user modification, vandalism, worn or missing parts, and/or wood splitting.
Florida Attorneys Committed To Helping Homeowners Associations
If an association is aware that something might be a liability and fails to act, it could be found responsible for any subsequent injuries.
If you run a homeowners association and are concerned about liability issues like these, contact one of our homeowners’ association attorneys today to find out how we can help. By ensuring that you are acting with reasonable diligence, you can successfully avoid liability for others’ accidents. Your HD Law attorney can help you draft safety rules and disclosures in order to avoid any misuse and help ensure that you provide reasonable weight limits, hour limitations, age-related rules, etc.–whatever is necessary to comply with housing laws. We serve clients in Orlando, Sarasota, Tampa, and surrounding areas.
Resources:
sandiegouniontribune.com/business/economy/sd-fi-hoa-31-story.html
cpsc.gov/PageFiles/122149/325.pdf
Divorce has become more and more common for individuals who are 50 or older (sometimes called a “gray divorce”). The rate of divorce amongst this age group has roughly doubled since the 1990s, and for those 65 and older, it has tripled.
However, that doesn’t mean that there’s a ‘one-size-fits-all’ approach developing; because being comfortable after retirement is of paramount importance for those approaching retirement, there are some dos and don’ts when it comes to divorcing later in life, which we discuss in greater depth, below. In general, whatever funds a couple has accrued in their 401(k) plans, 403(b) or 457 accounts, individual retirement accounts, pensions, etc. will be divided, and therefore, there are some steps to take to protect yourself.
IRA Transfers
First and foremost, any and all IRA transfers need to be done properly, and with the assistance of an attorney who has experience in Qualified Domestic Relations Orders (QDROs), specifically. If they are not done properly, you can be subject to significant penalties and taxes.
Put Significant Thought into Each Asset, Including the House
Second, be careful about making sacrifices in order to keep the house. Given the ups and downs of the real estate market, in doing so, you could end up losing your only real estate via bank repossession.
Staying in the family house could also rob you of the chance to boost your retirement income (i.e. saving hundreds each month on the mortgage provides you with a percentage return on your savings, which translates to significant funds for retirement).
Florida follows a policy of equitable distribution of assets, which means that there will be an equitable distribution based on earnings power, length of the marriage, and work records. If you are 10-15 years away from retirement, you will want to value assets in terms of any sustainable income that they are likely to generate, as well as any taxes involved (for example, a 401(k) is going to be taxed at higher rates–and thus worth less–than a taxable investment account).
In addition, once you have reached 62 years of age and if your marriage lasted at least 10 years, you can opt for a benefit of 50 percent of what your ex is due in Social Security (if this is greater than your full benefit). Your attorney can help advise you on the financial planning side of things (and/or may have an advisor that they trust and work with regularly) when it comes to establishing values on all of the important assets, such as insurance policies, IRAs, and pensions.
Florida Divorce Attorneys
If you are contemplating getting a divorce in the second half of your life, speaking with an experienced attorney who has handled many divorces can help put you on the right path and provide you with peace of mind. Contact one of the experienced Florida divorce attorneys of HD Law Partners today for a free consultation to find out more.
Resource:
washingtonpost.com/news/get-there/wp/2018/03/26/a-gray-divorce-can-devastate-your-retirement-plans-heres-how/?utm_term=.c973d3d81c1b
More often than not—especially in states like Florida, where golfing is quite popular—windows within a homeowners’ and condo associations are damaged by the golf balls that fly in from nearby golf courses. In many of these associations, the golf course is private and open to those in the association adjacent to it. When someone buys into the community, they automatically become a member, and can use the course.
When something like this happens, who is responsible; the association, the golfer, the homeowner, or another party? Below, we discuss this liability, and who can be held responsible for it, in greater detail.
Liability Waivers in Association Documents
Most homeowners’ associations are protected in instances like these precisely because they have built a waiver of liability into the associations’ documents and under a legal theory known as “assumption of risk.” The language will typically say something to the effect of “owners assume all risks associated with errant golf balls and hereby agree not to pursue any claims against the association, golf club, or any other party other than the golfer.” Thus, paying for the damage or filing an insurance claim is often the responsibility of the owner. This is akin to individuals who have residences near airports, but are frustrated by the noise; it can be difficult to successfully file a lawsuit based on that noise nuisance, given that the homeowner presumably chose the home, and knew it was near an airport.
Possible Exceptions
That being said, if it is an issue that occurs regularly and/or once is caused by something has changed on the golf course, homeowners may be able to collect for any damages to their property and/or force the golf course to make an adjustment in order to prevent future harm. It may also be possible for owners to get the association and/or golf course to put up netting and other measures to protect condos within the association.
Claims against Golfer
When it comes to trying to bring a claim against the golfer responsible, the homeowner would typically have to show that the damage resulted from the golfer’s negligence and/or failure to exercise reasonable care, which can be difficult; especially if the accident was simply the product of a “bad shot.” This can also be challenging given how infrequently the golfer responsible for the errant shot comes forward to admit fault.
Florida Homeowners’ Association Attorneys
It is always wise to speak with an attorney who is experienced with homeowners’ and condo associations to look over the association documents to advise you in circumstances like these.
The Florida homeowners’ association attorneys at HD Law Partners provide knowledgeable, proactive legal advice that associations and property managers can count on. Contact us today at one of our many office locations in Orlando, Sarasota, and Tampa.
Resources:
sun-sentinel.com/business/fl-broken-windows-golfball-condocol-20110830-column.html
tcpalm.com/story/money/real-estate/2018/04/08/who-responsible-condo-damaged-caused-golf-balls/460606002/

According to the Palm Beach Post, with Florida only one and a half months away from the next hurricane season, less than 57 percent of Hurricane Irma insurance claims have been closed with insurance payments, leaving many home and business owners at a loss, wondering if they will ever hear back on their insurance claims, and whether perhaps those claims will be denied due to the $8.6 billion backlog on them.
In addition, industry officials recently acknowledged that they may have underpaid on tens of thousands of claims they declared closed after September. For example, Florida state-run Citizens Property Insurance just reopened more than 24,000 Hurricane Irma claims to review as more information has become available.
Reactions to Threats of Litigation
With so many Florida property owners feeling abandoned and on their own, insurance companies are now concerned about litigation. In particular, it is of concern that many claims are declared closed in the first place, only to be reopened once legal concerns are expressed.
Shady Tactics
This is arguably a profitable tactic used by the insurance companies, as many property owners simply give up once they hear that their claim is closed. As a result, many claims are grossly underpaid or not paid at all. In one case, for example, a public adjuster found more than $21,000 in damages, where Florida’s largest insurer—Universal Property & Casualty Insurance Co.—had paid the property owner $500 and declared her claim closed.
What many people get when they try to ask questions about decisions like these are terse letters and unreturned calls. According to the Office of Insurance Regulation, in Palm Beach County alone, while more than half of the 40,000 claims against insurers have been closed with payment, more than 15,000 have been closed without any payment, and 5,000 are still open.
Common Excuses Used To Deny Hurricane Insurance Claims
Reasons cited for denying claims include insurers indicating that something is not covered under a given policy (and instead requires a separate flood policy), that a claim does not meet hurricane deductibles, and that companies do not agree that the damage described in a claim was specifically covered by Hurricane Irma.
For many property owners, the delays, underpaid claims, and denials cost them thousands of additional dollars in expenses as damage goes unfixed and unaddressed.
Florida Hurricane Recovery Attorneys
If your Florida property suffers from hurricane damage, the last thing that you want is your insurance claim to be grossly underpaid or not paid at all. Work with our Tampa Bay and Fort Myers hurricane insurance attorneys today to ensure that you have what you need to move forward with your life, with security. Contact us at HD Law Partners today to schedule a consultation.
When it comes to figuring out whether a homeowners’ association is liable for damage, it largely depends upon a) what caused the damage and b) the declaration of condominium.
Take, for example, windows in Florida homeowners’ associations that started leaking after Hurricane Irma: As a general rule, any damage done by a hurricane falls on the responsibility of the association and its insurance policy.
The Law in Florida
The Florida Legislature requires lower or stable insurance premiums for associations in order to protect the safety, health, and welfare of Florida citizens. This includes adequate property insurance for full insurable value, replacement cost, or similar coverage, and this includes coverage sufficient to the probable maximum loss for communities for a 250-year windstorm event.
Determining Cause Is Key
However, figuring out if the leaks are actually due to the hurricane—or something else—can sometimes be challenging, and typically requires that the member consult with a professional to determine the cause of the damage. If, in fact, the damage was due to the hurricane, then the association is likely responsible for making repairs and the member would need to cover anything associated with the repair, such as the paint, window coverings, etc.
If, instead, the damage is caused by normal wear and tear or another cause, parties should look to the condominium agreement to determine if it addresses the circumstance. Many of these documents indicate that unit owners are responsible for normal wear and tear; thus, the owner/member would need to cover the cost of repairing or replacing the window.
Mechanisms to Alter Responsibility
Still, it is also entirely possible for an association agreement to explicitly address damage done by hurricane events and to place the responsibility on the owner instead of the association and its insurance. For example, while the law may encourage associations to have hurricane insurance to cover property damage, that doesn’t mean that the responsibility for repairs and replacement of windows can’t still be placed on individual owners. Thus, when these types of questions come up, it makes sense to consult with an experienced Florida homeowners’ association attorney in order to determine the best course of action.
In addition, homeowners’ agreements also often contain Alternative Dispute Resolution (ADR) provisions, which mandate that if disputes arise over issues like these, the relevant parties go through ADR instead of filing in court. Making sure that, as an association, you abide by the association agreement is important, as you do not want to risk leaky windows leading to mold or mildew issues, which could lead to health claims.
Florida Homeowners’ Association Attorneys
At HD Law Partners, our Florida homeowners’ association attorneys provide the proactive legal representation you can count on as an association. With over 40 years’ combined experience, we have the expertise to ensure that you are fully protected. Contact us today to find out more.
Resource:
.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.111.html
Florida Legislature Tackling Hurricane Issues

Following the significant damage that Hurricane Irma inflicted on the state of Florida, storm damage and recovery is a major priority on the Florida legislature’s agenda this year. The session opened on January 9th, with the Florida House focusing on storm preparations and recovery, and the Senate on economic damage.
According to the National Oceanic and Atmospheric Administration, Hurricane Irma caused $50 billion total in damages, with more than $7 billion in property damage claims filed in Florida alone.
Hurricane Victims & Unfair Treatment by Insurers
As discussed by a Forbes article, homeowners and others in Florida filing claims from Hurricane Irma can continue to “expect storm clouds ahead” in terms of these claims being fairly addressed.
Most of the claims related to Hurricane Irma are linked to wind damage; specifically: 300,000 for wind and an estimated 150,000 for flood damage, totaling around $40 billion for these alone. Insurers have reportedly been steadily increasing hurricane wind coverage deductibles and setting new limits on payouts, shifting much of the cost onto the homeowner in the form of a clause or phrase buried in the paperwork that those purchasing the policies likely did not know about. These clauses are known as “anti-concurrent causation clauses,” which remove coverage for wind damage if an “uninsured flood” occurs at the same time, and they are virtually impossible to find and comprehend within insurance policies.
Another hurdle many are facing involves insolvent insurers; companies that went under prior to Hurricane Irma, which necessitate those who had policies with them and suffered loss to file a claim with the Florida Insurance Guaranty Association.
Hurricane Issues Being Considered For Change
Within the Florida legislature, the specially-formed committee on hurricanes plans to vote on the approximately 80 recommendations referred for legislation in mid-January. Some of those recommendations relate to:
- State transportation officials studying how to strategically locate petroleum distribution centers so that residents are less likely to experience gasoline shortages before, during, and after storms;
- Directing the Public Service Commission to assess strengthening power grids by placing more lines underground to avoid outages caused by hurricanes;
- Providing for shorter evacuation options;
- Making backup generators mandatory at assisted-living and nursing home facilities;
- Forming a statewide registry of special needs shelters and similar facilities so as to ensure that the state’s most vulnerable residents are assisted during a storm; and
- Assisting industries hit especially hard during storms, such as the citrus industry; amongst others.
Florida Hurricane Insurance Claim Lawyers
The Florida hurricane claim attorneys of HD Law Partners have decades of experience helping Florida citizens with claims related to flood, wind, and hurricane damage. If you have come across an ambiguous clause that is being used by your insurer to deny your claim or provide for inadequate payments, you should contact an attorney right away. We can assist you in ensuring that you and your family are protected.
Resources:
dothaneagle.com/jcfloridan/news/politics/florida-legislature-has-many-hurricane-issues-to-consider/article_eb311cb6-fa54-11e7-8d0c-d7c02b27acdd.html
forbes.com/sites/dianahembree/2017/09/13/fighting-for-a-fair-insurance-claim-payment-after-hurricane-irma/#81a497463186

When it comes to hurricane claims, the last thing that any Floridian wants to hear is that their claim has been denied. And yet that is the case for many in our state, especially when it comes to flood claims.
In fact, according to statements made by the Federal Emergency Management Agency (FEMA) in this recent Miami Herald coverage, regardless of what flood zone maps might be telling you regarding whether or not you need to purchase flood insurance, everyone in Florida needs flood insurance.
Irma Delivered Historic Flooding
When Hurricane Irma hit Florida in September, it rolled across the Lower Keys and pushed a storm surge across the islands, continuing to swamp the coastline as it moved along Southwest Florida. Many homes filled up with mud five feet deep, and water swamped the business district, washing out over the seawalls and out of the Miami River. In Jacksonville in particular, the high tide caused the St. Johns River to swell and lead to the worst flooding in a century.
Not Enough People with Flood Insurance
The national flood insurance program is now reportedly $20 billion in debt, largely to due to Irma and Harvey. While, by law, only homes located in high-risk zones with federally-backed mortgages are required to have insurance, this number has dropped by 15 percent over the last five years, according to an analysis found by the Associated Press. This leaves fewer than half of the homes in hazard zones protected from flood damage.
Experts have noted that flood maps can mislead homeowners on actual risks, much like hurricane tracking maps. Floods do not follow the contours of a flood map, and Hurricane Harvey is proof that “moderate” flood zones can generate many claims during storms.
Thus far, flood claims associated with Hurricane Irma have totaled approximately $850 million, with most coming out of Jacksonville and the Florida Keys. Private insurers have paid off an additional 1,700 in flood claims out of a total of 900,000 general hurricane claims, valued at approximately $8 billion.
According to those within FEMA, there are policies that private insurers won’t cover, leaving many people needing coverage. There has also been some discussion over whether it makes sense to rebuild expensive property on vulnerable coasts.
Florida Hurricane Claim Denial Attorneys
If your property suffered damage during a hurricane or storm, you should work with an experienced hurricane insurance attorney to file an insurance claim. Too many homeowners remain unpaid and living in hotels to date, and as these programs pay out claims for Irma and Harvey, they will inevitably have less for everyone else. Contact us at HD Law Partners today if you have not heard back on your claim, had it denied, or still need to file it. We are here to help.
Resource:
miamiherald.com/news/weather/hurricane/article203631769.html
Advice On Social Media During Divorce

As posting on social media becomes more and more popular, it also becomes relevant to divorce proceedings. Specifically, social media activities often either contribute to the cause of the divorce, or can be used against individuals in divorce proceedings.
A study recently published in the Journal of Cyberpsychology, Behavior and Social Networking found that people who use Facebook specifically more than once per hour are more likely to experience conflict with their romantic partners. Often, jealousy or instability stems from people being able to reconnect with old partners, or “emotionally cheat” with others.
In addition, social media posts can absolutely be used against you in divorce proceedings: According to a survey conducted by the American Association of Matrimonial Lawyers, two-thirds of divorce lawyers use Facebook as a primary source of evidence in divorce cases. Below, we discuss some of the most common types of evidence gathered from social media sites for divorce cases:
Avoid Posting Messages or Pictures That Could Deem You Unfit
As many people know, courts will make child custody and parenting/time decisions based on what is in the best interest of the child. Thus, gathering evidence from social media sites to argue that an individual is an unfit parent is one of the more common types of social media evidence used against divorcing parents engaged in a contentious divorce. As such, it is best to avoid posting pictures that can be used against you to argue you are a negligent or irresponsible parent (such as photos of you partying, drinking while you have custody of your child, etc.).
Messages on Income
Spousal support is another issue that plagues many divorces. Be careful about posting messages or pictures that might be used against you to argue that you are not being forthcoming about your income in an effort to avoid or reduce paying spousal support.
Posting About Your New Partner
Another topic that tends to be used against people involves postings that discuss new romantic partners. This can sometimes lead to scornful litigation from an ex, and even an argument that you are not putting your child’s interests first by exposing them to a new partner so quickly.
On a similar note, posting nasty messages about your ex can also be used against you. At a minimum, wait until your divorce has been finalized before you post any negative comments or nasty jokes about your ex. This can also be used against you in child custody proceedings, as courts do take into account how you treat your ex and to what extent you foster a relationship between your child and your ex in terms of what is in the best interest of the child and their mental health and ongoing relationship with both parents.
Florida Divorce Attorneys
If you are contemplating getting a divorce or are already in the process of obtaining one, consult with one of our experienced Florida divorce attorneys at HD Law Partners to ensure that you are protected in every aspect of your life.
Resource:
law.com/therecorder/2018/03/06/social-media-divorces-5-things-to-avoid-posting-during-a-divorce/

