Debating a Trial Court Venue In Florida

If you feel that a contracted with party has breached the terms of your agreement, absent specific language in the contract, any trial court in the state has jurisdiction to hear your claim. However, not all of court are “proper” venues. Determining which courts are proper is a very important strategic step to consider before initiating litigation. Indeed, when determining venue, absent a contractual provision to the contrary, the choice of venue should be carefully weighed alongside Chapter 47 of the Florida Statutes.

Can My Insurance Company Drop Me?

A question I am often asked is, can my insurance company drop me? First, we must properly define the terms “dropped” and “nonrenewal”. Oftentimes people use the terms interchangeable- which is incorrect. Nonrenewal is the point where your policy has reached its normal expiration date. For example, your policy is from January 1, 2020 through January 1, 2021 and thus your policy has expired. 

How To Get Florida Homestead Protection and How It Protects You

How can you get it and how does it protect you? Homestead exemptions are incredible laws that protect families living in the state. The concept of homestead exemption derives from public policy, rather than principles of equity. There are three different benefits of Florida homestead exemptions:

What To Do When a Family Member With An Open Homeowner’s Claim Dies Without A Will.

Due to the global Coronavirus pandemic, people who would otherwise be expected to live a long fruitful fulfilled life are finding themselves on death’s door and sometimes crossing over that threshold permanently much sooner than anticipated. Many people who own real property in the state of Florida were completely unprepared and had no estate planning prepared as they thought that they had plenty of time to get those things in order. 

How the Florida No Fault Act Affects PIP Insurance

The foundation of the Florida No-Fault Act, codified in Florida Statute § 627.736 is to provide swift and virtually automatic payment so that the injured insured may get on with his or her life without undue financial interruption. Indeed, Personal Injury Protection (“PIP”) insurance benefits are disbursed by the first-party insurance company regardless of the fault of the individuals involved in causing the injury.  Covered individuals include the named insured, relatives residing in the same household of the named insured, individuals operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle themselves.

Protecting Yourself from a Social Media Defamation Lawsuit

Social media has become a part of our daily routines. Each day we absentmindedly scroll  through Facebook and Instagram or shoot off tweets on Twitter. Because of this, there is an increase of chances of posting content or having content posted about us that may lead to a defamation suit, especially in the era of COVID-19 as well as an election year. It’s important for us to be cognizant of our social media presence and be aware of the options in the unfortunate case of being defamed or posting something defamatory. 

Florida Speedy Trial Rights

With COVID-19 halting jury trials across the country, it has sparked curiosity about Florida’s speedy trial rights. In Florida, as with every state, the government is bound by the Sixth Amendment of the United States Constitution, which requires those accused of a criminal offense to be given a speedy trial. This right has been deemed a fundamental liberty and its intent is to ensure a fair trial, minimize the anguish of drawn out accusations, and prevent prolonged pretrial detentions.

Can you Refinance your Home with an Open Homeowner’s Insurance Claim during Covid-19?

Covid-19 has affected nearly every household across the nation, financially. And, if you are among the many that have been financially affected, you ideally want the elected representatives to resolve the economic climate, like yesterday! Unfortunately, we may not see the light at the end of the tunnel just yet. Fortunately, however, one positive result from covid-19 are that the interest rates have continually remained and still continue to remain historically low. So, with this in mind, you may be considering refinancing your mortgage. 

Your Rights and Duties Under a Lender Placed Insurance Policy

A “lender placed policy” or “force-placed policy” is insurance coverage put in place by your mortgage company or lienholder when you have not purchased insurance for your home. In the event your home experiences a loss, such as damage caused by a storm, a pipe leak, or a fire, a lender-placed policy may not provide the protection you would expect from a standard homeowners policy.

Hurricane or Storm Damage: What You Don’t Know Could Hurt You

Hurricane or Storm Damage: What You Don’t Know Could Hurt You After a hurricane or big storm, homeowners usually check for damages caused by fallen trees, flooding, or debris.  Growing up in Florida, I know that the day after the storm, if your power is still on and you don’t have fallen trees in your yard, you think to yourself “I am one of the lucky ones”. However, hurricanes and storms can often cause damage to your roof, seen or unseen.