Author Archives: Jay Butchko
What If I Was Injured In A Tampa Store Or A Sarasota Restaurant?
People slip and fall in public all of the time. You have likely been shopping in a mall or dining in a restaurant and seen someone take a fall. Thankfully, in most situations, the person is able to get up and brush it off. They may be startled and bruised, but they are able… Read More »
Some Men Receive Maintenance Payments After A Divorce
Ending a marriage is extremely stressful. While emotions can be a large part of the upset, there are also times when a pending divorce brings financial stress as well. If one spouse has been earning a lot more than the other, the spouse who does not have access to financial resources may worry about… Read More »
Can I Appeal A Denied Claim?
Your need for compensation may be clear to you. After all, if you were hurt in a Florida accident, it is natural to rely on insurance coverage to help you handle medical expenses and other fees. But, there are situations in which an injured party is surprised when their claim is reduced or denied…. Read More »
Is A Property Owner Liable When A Fight Breaks Out Between Guests?
Private property owners typically have a legal responsibility to keep their premises “reasonably safe” for invited guests. This means that the owner must take reasonable steps to protect their guests from foreseeable hazards, including possible criminal activity. At the same time, however, the owner is not required to absolutely “insure” guest safety. Federal Appeals… Read More »
When Can A Policyholder Demand An Appraisal?
In Florida insurance law, an appraisal provides a means of resolving a dispute between the insurer and the policyholder regarding the amount of a covered loss. Appraisal is not meant to resolve whether a claim is insurable to begin with. Rather, it provides a way to arbitrate the question of how much the insurer… Read More »
How “Choice Of Law” Affected A Judge’s Interpretation Of A Boating Insurance Policy
When interpreting an insurance policy, the choice of law will often determine how a court will enforce that policy’s terms. In this context, choice of law refers to which state’s laws govern the policy. Or in some cases, whether federal law may also apply. A recent decision from a federal judge here in Florida,… Read More »
How “Restrictive Covenants” Work In Florida
Employment is usually “at-will” in Florida. In other words, an employer is free to fire an employee, or an employee is free to quit and seek employment elsewhere. In many cases, a former employee will find work with another firm that is a direct competitor with the former employer. Some employers want to protect… Read More »
Can You Sue An Insurance Company For “Unjust Enrichment”?
Policyholders are understandably upset when an insurance company denies their claim for coverage. This can lead to litigation, typically for breach of contract. But what about other equitable legal remedies? For instance, can you sue an insurer in Florida for unfair trade practices or “unjust enrichment”? Federal Court Rejects Lawsuit Over Travel Insurance Policy… Read More »
Is A Florida Timeshare Subject To Foreclosure?
When you purchase a deeded timeshare, you are actually buying an interest in real property. As with any real estate purchase, many buyers finance their timeshares by taking out a mortgage loan. Additionally, many timeshare contracts require residents to pay certain maintenance fees and assessments, just as you would with any homeowners’ association. So… Read More »
Does Florida’s New “Pre-Suit” Requirement For Insurance Disputes Apply Retroactively?
Last year, the Florida legislature adopted significant changes to the state’s property insurance laws. Among these amendments are a new requirement that commercial or residential policyholders file a notice with the state before suing an insurance company over its denial of a claim. This pre-suit notice must be given “at least 10 business days”… Read More »
