HD Law Partners Blog

One of the hardest hit areas near Irma’s landfall was Goodland, Florida, where the hurricane not only damaged properties, but permanently “condemned” several businesses, including several local restaurants. As a result, many businesses now have to look for new locations, and some are even collecting donations to rebuild in the community.

While many Floridians have committed themselves to helping some of their favorite establishments reopen by donating funds, many others wonder why these restaurants are facing hard times like these, given that all of them had insurance policies. Isn’t rebuilding as simple as filing an insurance claim?

Many who suffered damages from the recent storms felt that they had done their due diligence by having homeowners or windstorm coverage, as well as flood insurance.

However, having the insurance is just the beginning: filing the claims can turn into a full-time job, as business owners find themselves having to document every single loss and trying to negotiate fair settlements. Trying to do so with the assistance of an insurance attorney can inevitably spell lower payouts and difficulty getting back on your feet again. In addition, many restaurant businesses found that there were thousands of dollars in food costs that were not covered by insurance.

Florida property owners have thus far filed reportedly $2 billion in claims to their insurance companies seeking assistance for damage caused by Hurricane Irma. The storm was ranked as one of the most powerful to hit the Atlantic, and killed at least 33 people in the state of Florida alone.

It is crucial that insurance companies are prompt in responding to hurricane claims, as the more time that passes without access to their homes, the more unnecessary costs they experience. Your level of protection largely depends upon what protection your state offers you.

Yet, while the state of Florida’s two largest insurers—Universal Property & Casualty and State Farm—have indicated that they have plenty of resources to ensure that their clients are taken care of after the storm, thousands of people in Florida are reportedly being told that their insurance policies will not cover the losses they sustained, indicating that they may have a fight ahead of them in getting the protection they’ve already been paying for years.

More and more people are considering entering into a postnuptial agreement – also known as a reconciliation contract – in order to take a pause before moving forward with divorce, especially in states like Florida, where the law does not provide an avenue for formal, legal separation.

To be clear, a postnuptial agreement is an agreement couples enter into after marriage (in contrast to a prenuptial agreement, which is drafted and signed by both parties before marriage). They can be entered into at any point after getting married, and in this way, can serve as a template or blueprint which allows a couple to take time to try and work on any issues in the marriage (such as financial and/or asset-related issues) before moving forward with a formal divorce.

Benefits

Because Florida does allow couples to enter into valid separation agreements if divorce is imminent, these postnuptial agreements tend to prescribe the terms of a split if reconciliation fails, including the relevant financial arrangements, and are selected when divorce isn’t yet imminent. More and more, couples are finding that these agreements are a more acceptable means of moving towards what they want because:

When it comes to monthly dues and homeowners’ associations, questions come up frequently; both from executives dealing with homeowners who aren’t paying yearly dues; and from homeowners wondering whether there are circumstances that allow them to withhold monthly dues.

When it comes to homeowners’ dues, property managers, presidents, and other executives have a fiduciary duty to ensure that all owners stay current with their dues. The failure to do so could lead to a Pandora’s Box of issues, whereby other owners follow suit and fail to pay dues as well.

Owners Failing To Pay Dues

Most legal documents signed with homeowners’ associations, as well as state laws, allow associations to file liens against owners for failing to pay their dues. Another option for the association is to foreclose on the owner. Regardless of the option pursued, working with an experienced homeowners’ association attorney in your area is necessary, noting that, in most circumstances, the association can also recoup its legal fees for having to file against the owner.

There have been a number of disputes around the country of late between landlords and homeowners associations and tenants/homeowners of late over what rights homeowners have to display particular items; for example, flags that others may find offensive. As a result, we thought we would provide some background on what rights both landlords and homeowners associations have in limiting certain types of displays in communities.

When these types of disputes reach litigation, landlords typically file a claim arguing that tenants contractually gave up any free speech rights by their execution of the lease agreement, which bans objectionable conduct; the unreasonable conduct being actions that are unreasonable in character. In the instance of homeowners associations, buyers agree to certain restrictive covenants when they purchase their home, which associations then have the right to enforce.

The law favors keeping families together as long as it is in the best interest of the child. In this regard, only very specific actions can lead to the termination of parental rights in states like Florida, actions such as:

Written Surrender

Parents can voluntarily execute a written surrender of a child and consent to an order providing custody to the Florida Department of Children and Families. The surrender must be executed before two witnesses and a notary public or other authorized individual.

Abandonment

Abandonment is defined by statute as a situation in which the identity or location of one or both parents is unknown and cannot be ascertained within 60 days.

Safety & Well-Being of Child Threatened

When evidence indicates that one or both parents have engaged in conduct towards their child or other children which demonstrates that the continuing involvement of one or both parents threatens the safety, well-being, or physical, mental, or emotional health of the child, this can serve as grounds for the termination of parental rights.

When it comes to running a homeowners association or condominium and all of the upkeep and operations associated with these types of properties, it is important to understand the ins and outs of insurance coverage and liability.

For example, “bare walls” insurance plans are often discussed in associations that want to limit the cost of water damage claims because each owner (versus the homeowners association) restores their own unit interior (including cabinets, walls, and floor coverings, as well as other interior finishes).

What Is “Bare Walls Coverage”?

“Bare walls” coverage is a type of insurance coverage purchased by condo or homeowners associations which typically applies to communally-used features in buildings (such as entryways). Associations typically use costs that they charge in HOA fees to cover this type of insurance policy. However, it is the most limited type of coverage that an association can purchase. Individual unit owners are required to purchase their own insurance to cover anything that is damaged within their units (for example, toilets, appliances, etc.).

Many are concerned about the new arbitration rule issued by the Consumer Financial Protection Bureau, which is set to go into effect in September. The rule would prohibit consumers from agreeing to use arbitration to remedy any disputes they have with credit card companies and banks.

As a result, in July, the U.S. Senate Committee on Banking, Housing, and Urban Affairs announced that it will file a Congressional Review Act Joint Resolution of Approval in the Senate, disapproving of the rule. Florida Senator Marco Rubio is one of the original co-sponsors of the resolution expressing disapproval.

Arbitration Clauses in Consumer Contracts

Banks and other financial firms typically include language in consumer contracts blocking individuals from filing class action lawsuits and instead funneling any disputes over credit cards and similar accounts into private arbitration. In this context, arbitration tends to be more cost-efficient and often deters people from filing frivolous lawsuits against credit card and banking companies.

For many who are contemplating a divorce, the thought of what might happen to your retirement savings as a result is beyond harrowing. What’s going to happen to our home, expenses, medical insurance? While these details can sometimes be overwhelming, an experienced divorce attorney who regularly works on family law cases can help advise you on how to plan for the division of retirement assets and properly plan for retiring post-divorce.

Any property acquired during the marriage is generally considered marital property and subject to equitable division. Property acquired prior to marriage as well as property inherited, acquired after separation, and/or divided via a prenuptial agreement is considered to be non-marital property. However, it is important to be careful about non-marital property that may have been commingled with marital property, as this could also be subject to equitable division.

With Hurricane Irma quickly approaching Florida, Wind and storm damage will likely occur.  If you become the victim of storm and flood damage, you will need to file a claim with your insurance company to start the recovery process.  You pay a lot of money for your insurance so it makes sense that if your home suffers damage, you will want to make a claim.  Depending on the cause of the damages and the type of damages your home suffers, your insurance company will be able to provide coverage based on the kind of policy you have. It is important that you take photographs of your personal belongings and home to document the condition of your home and the presence/existence of those belongings.

Your Claims Process May Be Different Depending On The Type Of Claim

Was it flood, wind, rain, loss of use, emergency mitigation? Or maybe temporary repairs?  Hopefully in all of these cases, especially if your home suffered catastrophic damages, by using these steps you will be ready to get your claim settled quickly and get the help you deserve from your insurance company.  Here are the 5 basic steps in filing an insurance claim.