Skip to Content
Menu Toggle

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.

Could A Declaratory Action Help You Avoid Arbitration in a Home Warranty Claim?

February 12, 2016 Insurance Industry Legal Blog

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.

Bankruptcy Treatment of a Security Interest in an Insurance Policy

June 3, 2013 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

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?

subscribe to legal alerts

subscribe to our blogs

sign up now

Media Contacts

Charles B. Jimerson
Managing Partner

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

we’re here to help

Contact Us