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Category Archives: Insurance Litigation

Litigation6

Federal Court Rules Florida Businesses Not Entitled To Insurance Coverage For COVID-19 Losses

By HD Law Partners |

The COVID-19 pandemic created widespread–and unprecedented–disruption to Florida’s economy. Many businesses suffered a severe drop in revenue and were forced to temporarily or permanently close their doors. This, in turn, spawned a wave of business lawsuits against insurance companies who denied claims under “all-risk” commercial insurance policies. Commercial Policies Required “Physical” Damage to Property… Read More »

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Legal3

The Role Of Declaratory Judgments In Florida Insurance Litigation

By HD Law Partners |

Insurance companies will often seek declaratory judgments to determine their obligations under a particular policy. For example, if someone is injured on another person’s property, the company that insures the property owner may seek a declaratory judgment that it has no duty to defend or indemnify that owner should they be sued. Keep in… Read More »

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Legal12

When Can A Policyholder Demand An Appraisal?

By HD Law Partners |

In Florida insurance law, an appraisal provides a means of resolving a dispute between the insurer and the policyholder regarding the amount of a covered loss. Appraisal is not meant to resolve whether a claim is insurable to begin with. Rather, it provides a way to arbitrate the question of how much the insurer… Read More »

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BooksGavel

Can You Sue An Insurance Company For “Unjust Enrichment”?

By HD Law Partners |

Policyholders are understandably upset when an insurance company denies their claim for coverage. This can lead to litigation, typically for breach of contract. But what about other equitable legal remedies? For instance, can you sue an insurer in Florida for unfair trade practices or “unjust enrichment”? Federal Court Rejects Lawsuit Over Travel Insurance Policy… Read More »

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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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