
The U.S. Eleventh Circuit Court of Appeals (covering Florida) recently made a decision helpful to insurance companies fighting insurance bad faith claims. Specifically, the court held that no reasonable jury could find that an insurer’s failure to disclose information about additional insurance in its statutory insurance disclosure rose to the level of bad faith.
Florida Law: Contents of Policies
In this case, a driver struck a pedestrian, who was badly injured. When the driver’s insurer (Allstate) offered full policy limits to claimant, the claimant rejected the offer. Several months later, the claimant informed the insurer that they were willing to settle and requested that the insurer provide disclosure pursuant to Florida law, which lists what every insurance policy must specify. Specifically, every policy must specify:
- The names of those contracting;
- The subject of the insurance;
- The risks insured against;
- When the insurance takes effect and the period within which it is to continue;
- The premium;
- Any conditions pertaining to the insurance; and
- Form numbers and edition dates (or numeric code indicating edition dates).
Florida common law also recognizes that insurers must exercise good faith in handling claims against their insureds. If an insurer is found to have acted in bad faith, it is liable for the entire judgement against the insured in favor of the injured third party, including any amounts necessary beyond the policy limits.
However, in order for a claimant to prevail in a bad faith claim, the claimant must show a causal connection between the damages claimed and the insurer’s bad faith. The standard of care expected from an insurer in handling these claims against its insured is the “same degree of care and diligence as a person of ordinary care and prudence should exercise in the management of their own business.”
The Decisions
The claimant proceeded to once again reject the insurer’s offer, claiming that it had failed to satisfy the bare bones requirements of the law because it was missing a statement regarding additional insurance, and then sued the insurer for bad faith, alleging that the insurer failed to settle. The Florida state court (FL Statute §627.4137) found that no reasonable jury could find that the insurer acted in bad faith, and the Eleventh Circuit affirmed this decision on appeal. Although the court agreed that the insurer’s response was deficient, it found that this was a simple matter of negligence and could not rise to the level of bad faith, as the insurer’s attempts to settle, in general, were consistent, prompt, and reasonably diligent.
Florida Insurance Bad Faith Attorneys
HD Law Partners represents insurers who are being challenged as behaving in bad faith over coverage, damages, liability, or settlements. Contact our attorneys today to find out more—we serve clients in Fort Myers, Orlando, Sarasota, Tampa, and surrounding areas.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.4137.html
Commercial Landlords & Tenant Bankruptcy

Tenants filing for bankruptcy is less of an issue for residential landlords, but an increasingly frustrating problem for commercial landlords as we get further into 2018. As a result, it is important—now more than ever—that commercial landlords know what their rights are when it comes to how tenant bankruptcy affects lease agreements.
Rules: Before & After Filing for Bankruptcy
First and foremost, it is crucial to understand that, once a tenant files for bankruptcy, landlords and other parties are prohibited from taking any action against the tenant (i.e. debtor) unless it is first approved by the bankruptcy court. However, if a tenant is in default prior to filing for bankruptcy, and the landlord takes every step required under state law to terminate the lease before they file, the lease is then not subject to the tenant’s bankruptcy case. This is because it is the act of the tenant filing for bankruptcy that imposes an automatic stay against any actions by landlords and other parties (where actions are any activities involving collecting, demanding, or otherwise seeking to recover amounts due).
This is why it is wise to work with a landlord-tenant attorney as soon as a tenant/debtor falls behind on rent payments. While tenants are required to pay for any and all rent that accrues after the bankruptcy filing (in a timely manner), rent that accrued prior to filing is what’s known as an “unsecured claim”: it might not be paid until much later in the bankruptcy, if at all. If/once the tenant falls behind on any post-filing rent, the landlord can file a motion seeking permission to pursue default and eviction.
Tenants Re-assigning Leases to Third Parties
Perhaps most importantly, when it comes to commercial landlords and tenants and bankruptcy filings, tenants will sometimes file in order to take advantage of their subsequent right to reassign the lease to a third party. This can be of concern to many commercial landlords, as they could then end up with a tenant that they did not choose.
Why would a tenant want to assume a lease, and how would they go about doing so? Typically a tenant business will do so if it wants to stay on the property/in the building structure itself, especially if the lease is below-market and a third party can pay out the debtor’s estate as a lease assignee. However, in order for a tenant to do this, it must first cure any and all defaults that exist at the time of assignment (this includes both before and after filing for bankruptcy) and obtain court approval for the assignment. At this time, landlords are allowed to raise objections to the assignment (in case, for example, if the proposed assignee does not fit in the makeup of the existing tenants/structure). The tenant also first has to demonstrate that the assignment will be able to perform under the lease.
Florida Attorneys Representing Landlords
HD Law Partners prides itself on representing all Florida landlords in disputes, with a particular expertise in commercial and homeowners associations. With over 40 years combined experience, we can provide that guidance that you need. Contact us today to find out more.
Resources:
lexology.com/library/detail.aspx?g=ded39376-e2cf-46dd-a52e-fbc1e93fc817
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html

No divorce is the same as another—each one is unique based upon the relationship and the unique circumstances involved. Still, all divorces have at least one thing in common: the need to make intelligent financial decisions if you’re going through it. Below, we provide some guidance on how to ensure that you are “financially free” after divorce:
Think Of Debt & Credit Scores
While many people contemplating divorce are instinctively concerned about the division of assets, many do not realize that a court also divides financial responsibilities as well, such as debt. Most married couples share accounts, and it can be difficult to maintain your credit if your ex stops paying the bills on a shared account—even if you both agree to take responsibility for this or that credit card or bill. Remember if your name is on something, you are responsible for it—regardless of what the court documents indicate.
For these reasons, it is crucial that you and your attorney separate all joint debt during the divorce process. For example, if you and your ex shared a credit card during marriage and there is $5,000 debt on that card, $2,500 would be transferred to a card in your name, and $2,500 transferred to a card into their name.
While closing accounts can impact your credit score, what is most important is that you fully separate your financial account so that you are not left vulnerable to your ex’s charges in the future.
Reevaluate Monthly Expenses
This is also a crucial time to reevaluate your monthly expenses and decide which ones are most important, and what you can and cannot do without, as there will most likely be new expenses as a result of the divorce, such as rent or a new mortgage (or all of an existing mortgage), a new health insurance policy, child support, spousal support, etc. This is also a time when you want to avoid any big-ticket purchases, such as trips, cars, property, etc. Getting used to your new life and new budget is a crucial step.
Build Up Your Emergency Fund
When you’re first going through divorce, it can sometimes be difficult to add to or start a savings fund. As soon as you can, however, fill your existing emergency fund up, or start a new one. A starter emergency fund usually has at least $1,000 in it, however, eventually, it is ideal to have three to six months’ worth of expenses in it. It can be a huge stress reliever just knowing that you have some money set aside for a rainy day.
Work With the Right Attorney
You and your attorney are a team when it comes to planning and ensuring that you are financially stable during and after your divorce, so ensure that you work with the best divorce lawyer possible.
If you live in Orlando, Sarasota, Tampa, or a surrounding area, contact our Florida divorce attorneys at HD Law Partners today to find out how we can help you.

You may not realize that, even as of early February, Florida still technically has 17 weeks left of hurricane season, with more and more potential property damage looming. As a result, emergency management officials in Sarasota and surrounding areas are scrambling to put lessons learned after Irma into practice to get ahead of more damage that could be coming to the state of Florida.
Two-thirds of hurricane-related deaths occur due to flooding and storm surge. Some of this organizing involves identifying which buildings can serve as emergency shelters, as well, as how evacuation centers are opened to the public and are both wheelchair-accessible and pet friendly.
Applying For Funding
What does this mean for all of the property damage, and the many individuals dealing with filing insurance claims, and either having those claims denied or delayed? Sarasota County is reportedly in line to receive $8 million in state mitigation funding to make structures more resilient in general.
In addition, Alachua County was recently granted $200,000 to protect houses specifically from future hurricanes. The grant came from the Florida Division of Emergency Management to reinforce housing structures so that they will survive storms like Irma. The “Hurricane Loss Mitigation Program” is expected to provide enough funding to help around 35 homeowners, and carries application deadline of March 9th. The program will help with costs such as installing hurricane resistant windows and straps, as well as roof coverage. The grant will be distributed based on need, annual household income, and the number of residents in the home.
Are You Still Waiting For Hurricane Irma Assistance?
While Hurricane Irma is long gone, hundreds of thousands of Floridians were left in its path of destruction. According to the Consumer Federation of America, the storm resulted in around 450,000 claims for insurance payments—350,000 for wind and 150,000 for flooding. Claims for wind damage alone are estimated to exceed Hurricane Andrew’s $25 billion in payments, and FEMA-insurance payments could reach $15 billion.
Below, we provide some tips on how to help ensure that your claim is successful:
- Report your claim as early as possible;
- Keep meticulous documentation of every communication you have with your insurance company;
- Keep all of your receipts for expenses related to repairs, as well as any related living expenses;
- Ask questions of your adjuster—such as whether they work for the insurance company or are independent;
- Note that disaster assistance is available from FEMA;
- Contact your home insurer – or have your attorney do so –even if you aren’t sure whether you have flood insurance;
- Note that damage to your car from any downed trees should be covered under your comprehensive auto insurance; and
- Be wary of anyone who shows up at your door claiming to work for the insurance company.
Florida Hurricane Insurance Claim Attorneys
Similarly to working with an attorney to file an insurance claim, your chances in applying to receive funds as part of the program can benefit from working with an attorney to ensure that your application is as complete as possible. If your home or business has suffered from any storm damage, contact our experienced hurricane insurance attorneys at HD Law Partners today to find out how we can help.
Resources:
heraldtribune.com/news/20180209/emergency-officials-prepare-for-hurricane-season-even-as-irma-review-continues
alligator.org/news/article_14aeeb2c-0fb8-11e8-bf1b-cb62944357a3.html

When couples are contemplating or going through divorce, they already have too much to worry about: Depending upon their particular circumstances, that often includes the family home, the children, assets, and more. The last thing that most couples anticipate is also having to tackle an insurance dispute.
And yet, life insurance policies are one of the most important aspects of the divorce, but without ensuring that the proper documentation is in place, divorcing couples could be setting themselves out for a serious battle.
Support in Perpetuity
Life insurance policies can provide support and assurance where other payments—such as alimony—cannot, as they terminate upon death. Under the law, former spouses can remain named beneficiaries to life insurance policies even after the divorce has long been finalized.
Carefully Craft Your Divorce Settlement
A recent decision out of the United States Court of Appeals for Sixth Circuit upheld the importance of divorce decrees (i.e. settlements) even over later changes in named beneficiaries in terms of what qualifies for a qualified domestic relations order under the Employment Retirement Security Act. This decision reinforces the importance of carefully crafting settlement agreements.
However, it is important to note that simply adding in the proper language to the settlement agreement—i.e. providing for the continued existence of the policy with specific beneficiary designations—is not enough: The spouse who is now the owner of the policy must also be provided with the ability to access the relevant information about the policy—even if they are the named beneficiary. Some of this basic information includes when premiums are due, how many have been paid, if any changes are made to designation(s) and/or coverage, etc.
And yet, even establishing access to this very basic information is arguably becoming more and more difficult with the growing focus on cyber security and data privacy, as more and more life insurance companies are requiring very specific authorization, court orders, etc.
Work With an Attorney Who Understands Both Family Law & Insurance
Typically, beneficiary decisions can be made with the assistance of your attorney during divorce settlement negotiations; however, complications can arise when new life insurance policies or accounts need to be created or adjusted as a result of the divorce, as they could require motions to be filed after some time, when the ex-spouse may not be cooperative. This is why working with an experienced attorney who not only practices in divorce, but is very familiar with insurance policies, is imperative.
Florida Divorce Attorneys
If you and your spouse wish to dissolve your marriage, or are well underway in obtaining a divorce, there may be a number of important matters you do not realize must be addressed before your divorce is settled.
Allow our Florida family law and insurance attorneys to provide you with guidance on these issues—contact us at HD Law Partners in Florida today to find out more.
Resources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.703.html
dol.gov/general/topic/health-plans/erisa

As attorneys who regularly represent homeowners associations and property managers, we frequently get questions about what the board can do with and without membership approval. These types of questions ultimately come down to distinguishing between what is and is not a “material alteration.”
The general rule is that if the proposed change is a palpable change to the appearance, function, or use of the association property and/or its common element, it constitutes a material alteration. If a homeowners’ association wants to make a material alteration, it must first obtain membership approval. Some examples of material alterations that require membership approval include painting the color of a common area (such as a clubhouse), or placing carports over parking spaces.
What About Landscaping?
There are sometimes questions in the gray areas, such as changes to landscaping. Typically, landscaping decisions are not considered to involve material alterations, and are thus left up to the board’s discretion. This includes decisions involving whether or not certain plant species should be replaced with others, or whether shrubs or vegetarian can be moved, changed, etc.
However, there are limits to these changes: Any landscaping alterations that result in a significant change could constitute a material alteration. One example might be a complete change in landscaping themes throughout the complex; this is significantly different from, say, making minor adjustments to the size, color, etc. of certain plants on the property.
What about Security Camera Installations?
When it comes to whether or not individual homeowners can install security cameras, this kind of decision typically falls into a different category than material versus non-material alterations. This will depend upon whether or not lot owners are generally permitted to install security devices and/or cameras, and under what circumstances (i.e. typically if they are, it is only for security purposes, etc.). If a lot of owners are permitted to do so, the association documents will typically require that the association approve the installation first.
In addition, if association documents address camera installation, it may be a wise decision—as an association— for that association to work with an attorney to also preemptively address any potential conflicts between those neighbors who want to install them and those who might be concerned that camera installation could constitute an invasion of privacy rights by addressing questions that might come up with respect to those cameras in the documents. One option to preemptively address potential disputes like these is for association documents to very specifically describe where they can and cannot be placed, as well as what directions they can point in, so as to ensure that they are not pointed outside of public spaces where individuals have a higher expectation of privacy.
Skilled Florida Homeowners’ Association Attorneys
At HD Law Partners, our homeowners’ association attorneys serve clients in Orlando, Sarasota, Tampa, and surrounding areas of Florida. We provide the knowledgeable, proactive legal representation you can count on. Contact us today with any questions you might have about property interests and association decisions.
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html
The New Tax Law Complicates Divorce & Alimony

The new tax bill has received a lot of attention in the media. However, many do not realize that it will have implications on divorce and alimony payments (in addition to tax deductions).
Below, we discuss some of the ramifications of the law in greater detail, with a focus on how it complicates divorce.
Alimony Payments Are No Longer Deductible
Perhaps most notably, the Tax Cuts and Jobs Act made significant changes to alimony, eliminating the ability for the alimony payer to deduct the payments from his or taxes, and the mandate for the receiver to pay taxes on alimony payments as income, as applied to divorces entered into after 2018.
Being able to deduct alimony payments was helpful to many families, as it allowed the spouse in the higher tax bracket to transfer money to the spouse in the lower tax bracket, thus allowing for settlements that would pave the way for each party to receive a benefit.
Effects on Payments & Divorce
Under the new law, because the alimony payer’s income will be taxed at a higher rate, there will be less money to divide overall between spouses, with more money in general going to the government in the form of taxes.
In addition, many state alimony laws were specifically written with the assumption that alimony payments would be deductible by the payer, and taxed to the payee; thus, states are also now trying to figure out how to implement the new system. The recipient of alimony could effectively end up with more disposable income than the payer; at least, until the various states adjust their alimony payment guidelines. This is not only going to affect how one household splits into two, but how attorneys working on family law cases like these advocate for particular percentages in the courts.
Because the payee stands to benefit from the new tax law, it is possible that advantages can be gained for the payee by delaying the divorce process (starting in 2019, when this law becomes effective for divorces). Similarly, the tax bill hurts the payer, and thus there could be incentive on the payer’s part to rush through the divorce.
Speak With an Experienced Florida Family Law Attorney
If you are going through or contemplating divorce, it is essential that you speak with an experienced divorce and alimony attorney as soon as possible. There are considerable ramifications depending upon when you file, and you should be aware of all the various relevant factors throughout the process. Only consulting with an attorney who understands the tax ramifications of the new law can help put your mind at ease.
If you live in Florida, contact the experienced family law attorneys at HD Law Partners to set up a consultation and find out how we can help.
Resource:
accountingtoday.com/news/tax-reform-complicates-divorce
Divorcing Later In Life

The holidays are that time of the year when many Americans start thinking about divorce and a fresh start. January tends to see the highest number of couples seeking divorce.
In addition, the most common age for divorce is the mid-to-late 40s. It tends to coincide with the youngest child going off to college, when many couples realize that their relationship has changed, and they no longer have the child around to “keep the relationship breathing.” This also tends to be the time when a couple is planning for retirement, which can place additional stress on the relationship.
If you have been contemplating getting a divorce, because it is the holidays, having to think about and plan for divorce on your own can be beyond emotionally overwhelming. Below, we discuss some important guidelines in an attempt to reduce the stress that often accompanies divorce.
Broaching Divorce with Your Spouse
Know that the time and place can often be just as important as the words you use to discuss your desire to seek a divorce with your spouse. If you have children, it might also be beneficial to ensure that they are on a trip or overnight so that both of you have time to process the discussion instead of having to focus on parenting.
Also keep in mind that while you have had time to think about the idea of divorce and the impact it might have on you and others, your spouse may not have; thus, be compassionate in approaching them to discuss the situation.
Talking To Children about Divorce
With that in mind, if you share children with your spouse, know that this is a subject that will also need to be broached (i.e. how to share the news with them). As one of the first activities you and your ex will perform in co-parenting, it is an important one. At the end of the day, both of you want to keep the children’s best interests at heart.
There is no question that divorce involves a certain amount of trauma. Not only are parents concerned about their children, but they are also trying to figure out finances and make arrangements for a stable home. In general, the more that you plan ahead, the better off everyone will be–even if your children are “grown up” and have already left for college.
Legal Assistance in Family & Divorce Law
If you are contemplating getting a divorce, sometimes speaking with an expert and laying out a plan or foundation on how to proceed along a path and a timeline that works best for everyone involved can help ease your mind. Contact one of our Florida divorce attorneys at HD Law Partners today for a free consultation and find out how we can help answer any questions you might have.
Resources:
bravotv.com/personal-space/this-is-the-most-popular-age-to-get-divorced
goodmenproject.com/families/divorce-christmas-list-bbab/

New research demonstrates that divorce is actually making American families bigger, with almost one-third of all U.S. households that contain adults under the age of 55 having at least one stepparent, and 33 percent of all couples over the age of 55 having a stepchild.
Ultimately, the rise in divorce and remarriage is driving these changes, with the divorce rate doubling for older Americans, leaving approximately 40 percent of them with children in stepfamilies, and almost 30 percent of adults over the age of 50 getting married more than once. Below, we discuss some advice proffered by those who have gone through some of these changes.
As Families Blend, There Can Be Confusion
As divorce increases and the size of American families along with it, plenty of confusion can also come into play, as couples and families plan vacations, chose how to spend their earnings on college tuition, and make other, important decisions involving both biological and step-relatives.
These same changes carry on into old age, where stepchildren sometimes end up with more elderly parents to care for, and aging parents have more children and relatives in general to lean on. Still, stepfamilies often have to work harder to turn weak bonds into strong ones.
Caring For Children in Two Separate Households
Nothing highlights that better than stories told by families who are trying to care for one or more children in two different homes. To that end, some of these families have offered advice on how to ensure that all children involved in more than one household are well cared-for:
- Consider working with a professional social worker or psychologist to help get you through times of significant change;
- Never hesitate to reach out to the other parent if there’s something of concern with regard to your shared children;
- Find ways to communicate with the other parent without implying that you are always right;
- Spot negative trends and work to eliminate them;
- Share all relevant medical information; and
- Listen to your child if they express preferences.
Know that the life of sharing kids can be difficult; even more so if your child is also trying to manage a significant illness.
Divorcing Later In Life
Similarly, couples who’ve gone through divorce later in life (after age 50), when you can face particular hurdles, have also offered some words of wisdom, such as:
- Know that divorce not only impacts young children, but older ones no longer living at home; thus, if you are only staying married so that your divorce hits once your kids have left for college, consider re-thinking your timeline;
- If you’ve been out of the workforce for some time, consider getting advice from a financial and/or career counselor early on so that you have a plan in place before you divorce;
- Know that there will be times of loneliness, particularly if you are used to living with someone else and/or having your children at home at all times;
- Consider expanding your network of friends and others who offer support before you get divorced; and
- Know that waiting to consult a divorce attorney can actually end up costing you more. Starting early means that you can gather more options, as well as ask more questions of your attorney about billing.
Florida Divorce Attorneys
If you or a loved one are contemplating getting a divorce, contact one of our experienced divorce attorneys at HD Law Partners right away to find out more about your options. Our Florida legal team is prepared to assist you today.
Resources:
bloomberg.com/news/articles/2017-12-18/divorce-is-making-american-families-66-bigger
marketwatch.com/story/divorce-after-50-what-i-wish-i-had-known-beforehand-2017-12-06
There are several important real estate cases coming up in 2018 which property owners, landlords, and business owners should keep their eyes on. Below, we discuss these in more detail:
Tenants Must Serve Out Remainder of Leases
In a December legal dispute between Starbucks and Simon Property Group LP, a judge sided with the property group in deciding that Starbucks paying out the remainder of its leases with Simon Property was not enough, and the company also had to keep its stores open even after paying off the leases. This is a new precedent, as there are millions of contracts between landlords and “tenants” (or businesses) with these exact terms in them; terms which have historically been interpreted to mean that monetary damages were sufficient for businesses like Starbucks to get out of their leases.
Office Space Models
In another big case, one ground lessor company (Siegel Family Associates LLC) has objected to the decision made by the landlord company (Cohen Brothers Realty & Development) to lease a separate office space to a company called WeWork, arguing that the lease would violate their own lease agreement because WeWork would not be occupying the space, but rather, subleasing it (due to the type of business WeWork runs, specifically, too many people would be “coming and going”). The question posed in the case is a unique one—indeed, it is a case of first impression—and one that will be watched closely, given the growing popularity of this type of office space model around the country.
Commercial Real Estate & Security
Another series of cases will likely have an impact not only on real estate, but on premises liability. They embody a cluster of cases filed by victims of the October 1st mass shooting in Las Vegas, and will likely create an increased focus on liability for owners and operators of large commercial real estate (hotels, casinos, etc.) because the shooter undertook the attack from a hotel.
These cases will likely also effectuate a change in security and the way that people are screened, as some real estate owners—particularly those linked to casinos—have already adopted particular security measures in an effort to avoid another incident like that one. These claims will likely not only clarify what is the appropriate amount and type of security for large commercial properties like these, but also where the boundary lies between surveillance that is protective enough, but not too intrusive such that it violates the privacy of hotel guests.
Florida Property Protection Lawyers
At HD Law Partners, our experienced corporate law, business litigation, landlord-tenant, and property owner protection attorneys have years of experience assisting real estate clients in resolving a broad spectrum of issues. If you are a landlord or property owner in need of legal assistance, we can help. We have more than 40 years of combined experience in representing owners in property disputes, and are dedicated to serving our Florida clients. Contact us today to find out more.
Resource:
law360.com/articles/977979/real-estate-cases-to-watch-in-2018

