Author Archives: Jay Butchko
When Is An Insurance Company Required To Honor An Assignment Of Benefits?
It is common practice for homeowners to assign their insurance benefits to businesses that perform repair work. But such assignments must strictly comply with the terms of the underlying policy. Insurance companies are under no obligation to pay over benefits to an unauthorized third party. Appeals Court Grants Insurer’s Request to Reverse Summary Judgment… Read More »
Is A Policyholder’s Non-Compliance A Defense To A Breach Of Contract Lawsuit?
Insurance policies are contracts. As such, when an insurer fails to pay a valid claim, it is subject to suit for breach of that contract. But this works both ways. If the policyholder fails to live up to their contractual obligations, that can supply the insurer a valid defense to any alleged breach. A… Read More »
Insurance Litigation As A “Battle Of The Experts”
Even when an insurance company agrees to provide coverage for damage to a home, they will often challenge the extent or cost of the insurable loss. This then forces the homeowner to take legal action to protect their contractual rights. Such litigation then often ends up being a “battle of the experts,” with each… Read More »
What Is The Role Of A Public Adjuster In Filing An Insurance Claim?
If you have ever filed an insurance claim, you have no doubt dealt with an adjuster, i.e., the person employed by the insurance company to review your case. But there are also individuals known as public adjusters who are licensed by the State of Florida to represent individuals, such as yourself, in protecting your… Read More »
Does An Insurer Have To Pay Based On A Homeowner’s Account Of Wind Damage?
After a bad storm, a homeowner might notice damage to their property and assume that the weather was responsible. From the insurance company’s perspective, however, correlation does not necessarily mean causation. In other words, the evidence may show that the damage to the property was the result of normal wear and aging and not… Read More »
When Is An Insurer Required To Pay For Reasonable Emergency Measures?
When a home sustains water damage, the property owners understandably want to take immediate action to mitigate the problem. But sometimes this means they do not take the time to read–or follow–the terms of their homeowner’s insurance policy. Many insurance contracts require advance notice or approval before undertaking even emergency repairs to a property…. Read More »
Do Homeowners Have The Right To Record An Insurance Company’s Appraisal?
Most Florida homeowner’s insurance policies contain an appraisal provision. This protects the insurance company’s right to have its own appraiser review a homeowner’s claim, including the ability to physically inspect the property itself. This, in turn, minimizes the risk to the insurer of paying out on a fraudulent or exaggerated claim. Florida Appellate Courts… Read More »
Florida Adopts A New Summary Judgment Standard: What You Need To Know
On May 1, 2021, Florida courts adopted the summary judgment standard applicable in the federal courts, joining many other states that had already transitioned to the federal rule. In re Amendments to Fla. Rule of Civil Procedure 1.510, No. SC20-1490. The state amended Rule of Civil Procedure 1.510 to adhere to the federal summary… Read More »
What Are The Pros And Cons Of Filing For Divorce First?
Often, when both spouses realize that their marriage is doomed to end, it is only a matter of time before one of them files for divorce. But should you be the first one to file divorce papers? Does it even matter who initiates the process in Florida? And what are the possible pros and… Read More »
Can an Insurance Company Be Held Responsible for Events That Happened Decades Prior to the Coverage Period?
An insurance policy is a contract that must be interpreted according to its plain language. Under Florida law, a court must interpret an insurance policy “liberally in favor of the insured” and give the “broadest possible” effect to any clauses governing coverage. At the same time, an insurer is not obligated to indemnify any… Read More »
