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Monthly Archives: January 2019

Can Your Health Insurer Deny a Claim Due to Intoxication?

  Health insurance policies are contracts which spell out the rights and obligations of the parties.  These policies are designed to pay for medical expenses as provided for under the policy, however, policies also contain exclusions which can limit the scope of coverage.  Sometimes health insurers improperly deny coverage for an otherwise covered medical claim, […]

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What is “Prompt Notice” When Reporting a Homeowner’s Claim?

In a recent decision, the Fourth District Court of Appeal addressed whether a homeowner failed to provide his insurance company with proper notice when reporting a claim for damage to his home.  See Himmel v. Avatar Property & Casualty Ins. Co., No. 4D17-2724 2018 WL 5044352 (Fla. 4th DCA Oct. 17, 2018).  In Himmel, a […]

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Establishing a Malicious Prosecution Claim

Sometimes plaintiffs sue for all the wrong reasons.  If a party sues an individual without a proper basis to bring suit, the party being sued may have a claim for malicious prosecution against the party who wrongfully filed suit.  Florida has long recognized malicious prosecution claims. Long ago (1932) the Florida Supreme court in Duval […]

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Lender’s Failure to Conduct Face-to-Face Interview with Borrower May Lead to Dismissal of Foreclosure Action

Home loans insured by the Federal Housing Authority (“FHA”) often contain language providing that the note which is secured by a mortgage “does not authorize acceleration when not permitted by HUD regulations …”  In the context of foreclosure actions, two regulations are of particular importance. Under 24 C.F.R. § 203.604(b), “[t]he mortgagee (i.e. the lender) […]

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Beware of Lenders Wrongfully Foreclosing on a Reverse Mortgage

A reverse mortgage allows older homeowners to receive monthly payments from a lender based on the homeowners’ equity in their home.  In a typical scenario, a lender makes monthly payments to the homeowner and the homeowner’s obligation to repay the lender comes due only when the homeowner dies or moves from the home.  See Smith […]

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