If you filed a claim on your residential or commercial property insurance policy that you believe was wrongfully denied, you may be thinking about filing a lawsuit against your insurance company for coverage. As of July 1, 2021, before an insured can file a lawsuit against the insurance company, the […]
What happens when, due to a negligent error by the insurance broker, a business suffers property damage that is either not covered, or not fully covered, by what the insured thought was an insurance policy they purchased through the broker to cover the risk? Can the insured look to its […]
Prior to trial, an insurer, like any party to litigation has a right to “conduct a reasonable examination of each juror orally.” Fla. R. Civ. P. 1.431(b). The goal of this examination is “to obtain a fair and impartial jury, whose minds are free of all interest, bias or prejudice.” […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer. When […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. When […]
The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute and how to defend against such claims. Many times, consumer lawyers bring claims for technical violations of the statutes, or even when there has […]
The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. As such, businesses need to be aware of the statute and the risk and liability of the statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to […]
Florida’s assignment of benefits statute affects homeowners and businesses alike, and both parties should proceed with caution when dealing with an assignment of benefits agreement. Indeed, section 627.7152 of the Florida Statutes codifies the requirements for a valid assignment of benefits agreement. See Section 627.7152 of the Florida Statutes. What […]
Under Florida law, an insurance company owes a duty of good faith to its insured. This means that the insurance company “must investigate the facts, give fair consideration to a settlement offer that is not unreasonable under the facts, and settle, if possible, where a reasonably prudent person, faced with […]
Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). […]