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“As is” and no Warranty Provisions in Contracts: Are They Always Enforceable?

April 3, 2019 Florida Business Litigation Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase.  Many of those contracts contain “as-is” or “no warranty” provisions.  These types of provisions may also include language that the seller of the property is […]

Understanding the Process for Employee Sexual Harassment Claims

November 5, 2018 Florida Business Litigation Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Frequently our clients ask us general questions regarding the day-to-day operations of their business.  In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved employee goes about pursuing a claim.  What follows is an […]

It’s Not Too Late: What to do After Your Business is Sued for Violating the ADA

October 16, 2018 Florida Business Litigation Blog, Hospitality Industry Legal Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Businesses often do not learn that they are in violation of the Americans with Disabilities Act (ADA) until they are hit with a lawsuit from a disabled person.  At that point, some business leaders think that it is too late to do anything to help minimize their liability. However, there […]

Your Guide to the Most Impactful 2018 Legislative Amendments to the Florida Statutes

June 20, 2018 Banking & Financial Services Industry Legal Blog, Healthcare Industry Legal Blog, Insurance Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes.  Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law.  In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately […]

Contractual Language That may Successfully Limit Fraud Claims

October 30, 2017 Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Businessmen and women have been trying to eradicate fraud claims through contractual language since the beginning of Florida jurisprudence.  Historically, the attempt to “kill fraud claims with a contract” have been largely unsuccessful.  Essentially, an attempt to eliminate fraud via contractual language requires the Court to reward either the non-diligent […]

Benchwarmer Effect: The Sobering Reality of Coblentz Agreements

March 28, 2017 Insurance Industry Legal Blog

General rules, as we are all too familiar, are privy to exceptions. A general rule concerning settlement agreements is that only parties to the settlement agreement are bound by its terms. Necessarily, there are instances wherein a party not in privity to a settlement agreement is nevertheless bound. One such instance is when an insurer disregards its duty to defend its insured.

Are Business Losses Arising From a Hurricane Covered by Insurance?

October 11, 2016 Insurance Industry Legal Blog

The answer to this question is that it depends on your policy. Generally, a business can insure against business losses by purchasing Business Interruption coverage or Contingent Business Interruption coverage. That being said, commercial insurance policies are not necessarily standard policies, and the specific language of the policy determines whether a business loss is a “covered loss.” An “all risk” policy, for example, covers all losses unless expressly excluded. Additionally, some insurance policies have a civil authority clause which provides business loss when a civil authority closes or denies access to the insured property. There are also insurance policies that have a service interruption clause which provides for business loss when there is an interruption of water or power to a business.

An Insurer’s Duty to Defend the Insured

April 20, 2016 Insurance Industry Legal Blog

A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting on his judgment if it is going to be paid from insurance proceeds. For the insured defendant, insurance coverage can provide reassurance that, if any monetary judgment is awarded against him, he will not have to satisfy it from his own assets. Equally important, his policy will also probably stipulate that the insurer will provide him with an attorney and legal defense for any claims covered by the policy.

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