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Using an Expert Witness to Support Your Property Damage Claim

In Florida, like in most states, homeowners can sue their homeowners insurance company when the insurer wrongfully denies a property damage claim.  Insurers deny claims for many reasons. An insurer’s denial of a claim often can violate the terms of the insurance policy. When this happens, the homeowner can sue the insurance company for breach […]

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When Should You Sue Your Homeowners Insurer for Storm Damage?

Imagine that in 2017, after Hurricane Irma came through Florida, your home or commercial property sustained roof damage from Hurricane Irma’s 90 mile per hour winds.  During this hurricane, many areas in Florida saw sustained winds, but did not experience substantial rainfall that is common in most hurricanes. Now imagine days later, after Hurricane Irma […]

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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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Florida Supreme Court Reminds Us That Bad Faith Actions Center Around the Actions of the Insurer, Not the Insured

In a recent opinion, the Florida Supreme Court reversed a Fourth DCA decision and instead reinstated a jury verdict awarding a GEICO insured $9.2 million due to GEICO’s bad faith handling of a wrongful death claim. See Harvey v. GEICO, No. SC17-85, 2018 WL 4496566 (Fla. Sept. 20, 2018). The Harvey decision is worth review […]

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