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 […]
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 […]
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 […]
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.
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.
When you purchase an insurance policy, you expect to be covered in unanticipated circumstances. However, if your insurer ends up denying your coverage for a legitimate claim filed under a valid policy, the insurer might be acting in “bad faith” and you may be able to bring a claim against […]
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.
Many new home purchases also include structural warranties, which, as the name suggests, provide warranty coverage for problems with the home’s structure, including walls, columns, framing, and roofing. These warranties often include arbitration clauses, which can have consequences for the homeowner’s legal strategy if he has to file suit to enforce his warranty claims.
Insurance plays a key role with any business and its business relations with others. While parties may have good intentions as to their respective insurance obligations, they may fail to procure the requisite insurance coverage under the parties’ contract. When this happens, the results can be irreparable.
It is common knowledge that when a person or business files for bankruptcy, the end result is typically a discharge of debts. The bankruptcy debtor will no longer be personally responsible for payment of the outstanding debts. However, a security interest in real property remains, such as a lien created by a mortgage on a home. But what happens to a security interest in something more intangible, like insurance proceeds?