Author Archives: Jay Butchko
Why You Should Always Read The Fine Print On Your Ticket Before Taking A Cruise
Each year, thousands of people set sail on cruise ships out of Florida. Most of these cruisers enjoy a wonderful vacation. Unfortunately, some people sustain serious injuries on their trip, often due to the negligence of the cruise line. Now, you can file a personal injury lawsuit against a cruise ship operator just as… Read More »
What You Need To Know About Hurricane Deductibles In Florida
As another hurricane season approaches here in Florida, it is a good idea for all homeowners to review their insurance coverage and understand what damages may–or may not be–covered by a storm. All insurance policies contain some form of deductible. But many policies that cover windstorm damage will also include a separate “hurricane deductible.”… Read More »
Can A Florida Limited Liability Company Be Held Responsible For The Personal Debts Of Its Members?
The most common reason for a person or group of persons to form a limited liability company (LLC) or corporation is to protect their personal assets from business creditors. In other words, if the business is sued, any judgment can only be collected against the assets owned by the business entity itself and not… Read More »
What To Do If A Court Issues A Default Judgment Against You In A Florida Insurance Case
As a general legal principle, if somebody files a lawsuit against you, and you fail to respond in any way, the trial court has the authority to enter a default judgment for the plaintiff. But even after a default judgment is entered, the defendant can still ask to set it aside based on grounds… Read More »
How Federal Preemption May–Or May Not–Impact A Breach Of Contract Lawsuit
The federal nature of our legal system means there are situations where a federal law may override or “preempt” a state law. This can, in turn, significantly affect the rights of private parties to civil litigation whose disputes are covered by such laws. Indeed, the question of whether preemption applies can itself lead to… Read More »
What Happens When LLC Members Deadlock Over A Business Decision?
A limited liability company (LLC) provides a flexible mechanism for one or more people to form a business with protection from personal liability for business debts. Unlike a corporation, where shareholders often play no role in the day-to-day management of the business, an LLC may be structured so as to give the individual owners… Read More »
A Homeowners’ Policy Is Not Like Auto Insurance
If you own your own home and a car, you likely have insurance on both. There is a critical difference between the two types of insurance. Florida law requires drivers to carry a minimum amount of auto insurance known as personal injury protection (PIP) coverage. As far as your home goes, however, state law… Read More »
How Long Do I Have To File A Personal Injury Lawsuit In Florida?
Filing a personal injury lawsuit means understanding and following a number of procedural rules. Many of these rules are strictly enforced. This means that failure to comply can result in dismissal of your case regardless of the merits. One rule that fits within this strict-compliance description is the statute of limitations. This is basically… Read More »
Can A Personal Injury Plaintiff Challenge A “Duty To Defend” Decision Involving The Defendant’s Insurance Company?
Insurance companies often take a proactive stance when asserting they do not have a “duty to defend” or cover a particular policyholder. This normally takes the form of asking a judge to issue a declaratory judgment stating as such. Obviously, the insured party may not be happy with such a judgment. But what about… Read More »
Insurer’s Contractual Vs. Statutory Duties
The Difference Between an Insurer’s Contractual and Statutory Duties Under Florida Law Insurance companies have two independent duties when it comes to paying a claim filed by a policyholder. The first duty is contractual, i.e., the insurer’s responsibilities under the policy itself. This contractual duty extends to any requirements regarding the evaluation and payment… Read More »
