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). […]
To appeal an issue in Florida after the conclusion of a trial, insurers must have raised that issue during the trial. This is known as preserving appellate rights. The Florida state court rules and federal rules governing the preservation of appellate rights are largely the same. However, in either jurisdiction, […]
The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community associations throughout Florida. As efforts are made to inspect and ensure the safety of buildings across the state, building owners, […]
Insurers will likely enjoy more favorable outcomes under Florida’s new summary judgment standard. The court’s less rigorous review of attempts to withstand summary judgment will impact expected litigation outcomes, litigation strategy, and largely benefits insurers. How Does Florida’s New Summary Judgment Standard Differ From Its Old Summary Judgment Standard? On […]
The impact of the COVID-19 pandemic has been difficult on Florida businesses, particularly those in the hospitality, travel and restaurant industries, forcing many of them to close their doors to the public at various times and to suffer financial hardship. As businesses are beginning to re-open, a growing concern has […]
On December 31, 2020, the Florida Supreme Court changed Florida’s summary judgment standard by adopting the federal standard in an amendment to Florida Rule of Civil Procedure 1.510. Summary judgment can be a useful tool that allows a court to decide a case after pleadings (and most of the time […]
Everyone is ready to get back to business and for business to get back to normal. However, it appears that we are going to have a new normal in the business world. At first, we will likely see businesses taking action to replace lost income or minimizing expenses. This may […]
In today’s digital world, there are many scams that fraudsters employ to steal money and information from your company. Those computer-based scams include hacking, phishing, ransom-ware, and spoofing to name only a few. The first step in protecting against these cyber crimes is to have the appropriate information technology and […]
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 […]