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Category Archives: Insurance Litigation

Legal21

Does Florida’s New “Pre-Suit” Requirement For Insurance Disputes Apply Retroactively?

By HD Law Partners |

Last year, the Florida legislature adopted significant changes to the state’s property insurance laws. Among these amendments are a new requirement that commercial or residential policyholders file a notice with the state before suing an insurance company over its denial of a claim. This pre-suit notice must be given “at least 10 business days”… Read More »

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HurricaneDamage

What You Need To Know About Hurricane Deductibles In Florida

By HD Law Partners |

As another hurricane season approaches here in Florida, it is a good idea for all homeowners to review their insurance coverage and understand what damages may–or may not be–covered by a storm. All insurance policies contain some form of deductible. But many policies that cover windstorm damage will also include a separate “hurricane deductible.”… Read More »

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Legal26

What To Do If A Court Issues A Default Judgment Against You In A Florida Insurance Case

By HD Law Partners |

As a general legal principle, if somebody files a lawsuit against you, and you fail to respond in any way, the trial court has the authority to enter a default judgment for the plaintiff. But even after a default judgment is entered, the defendant can still ask to set it aside based on grounds… Read More »

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Insurance6

Can A Personal Injury Plaintiff Challenge A “Duty To Defend” Decision Involving The Defendant’s Insurance Company?

By HD Law Partners |

Insurance companies often take a proactive stance when asserting they do not have a “duty to defend” or cover a particular policyholder. This normally takes the form of asking a judge to issue a declaratory judgment stating as such. Obviously, the insured party may not be happy with such a judgment. But what about… Read More »

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Assignment_AOB

Can An Insurance Company Prevent An Assignment Of Benefits?

By HD Law Partners |

Historically, Florida common law has allowed parties to assign their contractual rights to third parties. There are some exceptions–such as agreements involving personal service obligations or that otherwise violate public policy–but generally speaking, one party cannot prohibit the other from assigning their rights under a contract. And although Florida statutes state that a contract… Read More »

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Legal17

Are Appraisal Provisions In Insurance Contracts Binding On Third Party Assignees?

By HD Law Partners |

Homeowner’s insurance policies often contain appraisal clauses. Appraisal is a form of alternative dispute resolution similar to arbitration. In its simplest form, an appraisal clause states that if the parties disagree as to the amount of an insured loss, each side will appoint an independent appraiser. If the appraisers cannot agree on a value,… Read More »

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CovidBusiness2

Will “Business Interruption” Insurance Cover COVID-19 Related Losses?

By HD Law Partners |

The COVID-19 pandemic has caused a significant disruption to many Florida business owners. It has also led to litigation over the scope of “business interruption” insurance. In other words, if a business loses revenue due to pandemic-related restrictions, does that qualify as an insurable loss? The United States Court of Appeals for the 11th… Read More »

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Rent

What The CDC’s New 60-Day Eviction Moratorium Means For Florida Renters

By HD Law Partners |

In early August, the U.S. Centers for Disease Control and Prevention (CDC) issued a new 60-day moratorium on residential evictions in certain parts of the country that continue to experience a “high community transmission” rate of the COVID-19 virus. This includes most of Florida. So if you are a Florida resident currently behind on… Read More »

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Witness_Expert

Insurance Litigation As A “Battle Of The Experts”

By HD Law Partners |

Even when an insurance company agrees to provide coverage for damage to a home, they will often challenge the extent or cost of the insurable loss. This then forces the homeowner to take legal action to protect their contractual rights. Such litigation then often ends up being a “battle of the experts,” with each… Read More »

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ClaimsAdjuster

What Is The Role Of A Public Adjuster In Filing An Insurance Claim?

By HD Law Partners |

If you have ever filed an insurance claim, you have no doubt dealt with an adjuster, i.e., the person employed by the insurance company to review your case. But there are also individuals known as public adjusters who are licensed by the State of Florida to represent individuals, such as yourself, in protecting your… Read More »

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