Category Archives: Insurance Litigation
Understanding the FMCSA Clearinghouse II Rule: Key Compliance Changes for Trucking Companies and CDL Drivers
Robert C. Johnson, Partner November 18th, new federal regulations will tighten the oversight of commercial driver licenses (CDLs) for truck drivers who fail drug or alcohol tests. Under the Federal Motor Carrier Safety Administration’s (FMCSA) Clearinghouse II rule, state licensing agencies must downgrade a driver’s CDL if they are flagged for prohibited driving status… Read More »
Important Takeaways From The 2022 Hurricane Season
What began as one of the quietest hurricane seasons in recent history ended with a one-two punch that few of us could have possibly imagined. After Hurricane Ian devastated Florida’s southwest, it then crossed the state, leaving a trail of destruction across Central and Northeast regions that Hurricane Nicole eventually polished off when the… Read More »
Does My Homeowners Insurance Cover Personal Injury Claims On My Property?
Typical homeowners’ insurance policies do include personal liability coverage. This component of your policy coverage may help prevent you from paying out of pocket should the unexpected occur on your property. Should someone slip and fall on your property or experience any other type of common personal injury, you could be held responsible for… Read More »
Gov. DeSantis Vetoes No-Fault Repeal Legislation
Opponents of Senate Bill 54, which passed Florida’s state congress in April, got a win this week as Governor Ron DeSantis’s vetoed the bill that was set to repeal Florida’s Motor Vehicle No-Fault Law and its Personal Injury Protection (PIP) insurance requirement, replacing it with mandatory bodily injury coverage, a mandatory death benefit, and… Read More »
Preparing For Hurricane Season: What You Need To Do Legally To Protect Your Family Financially
Let’s face it – South Florida got incredibly lucky last year. The 2020 Atlantic hurricane season was the most active on record, generating an extraordinary 30 named storms, 13 hurricanes and six major hurricanes. Florida was touched by only four of the named storms with Hurricane Eta being the only system to make direct… Read More »
How Dog Ownership Can Affect Homeowners Insurance
According to the American Pet Products Association’s 2019-2020 Pet Owners Survey, about 63 million households across the United States own at least one dog. The American Veterinary Medical Association reports that with an estimated population of nearly 85 million dogs living in U.S. households, millions of people—most of them children—are bitten by dogs every year. The Insurance Information… Read More »
Insurance Claims 101: Don’t Self-Adjust Your Insurance Claim
Don’t adjust your Insurance Claim. What does that mean? A layperson, in other words: a person not familiar with insurance industry, may not even know what the word “adjust” means when used in the context of an insurance claim. What does it mean to “adjust” an insurance claim? The website www.dictionary.com lists the following… Read More »
Hurricane Preparedness Tips
It is now Hurricane Season. Do you know where your policy is? Immediately following a storm, your insurance policy can provide you with important information about the coverages provided by your insurance policy. For instance, did you know that most homeowner’s insurance policies provide coverage for the removal of debris from your property. This… Read More »
What is an “engineer’s report” ?
As I have said before, your insurance company is not your “good neighbor” and you are not in “good hands.” The insurance industry spends millions of dollars on advertisements and propaganda each year to convince you they have your best interests at heart. Unfortunately, for many insurance companies this is just not true. Their… Read More »
My Home was Damaged by a Hurricane, Now What?
In the event your home suffers damage, it is important to remember your insurance policy places certain requirements and obligations on you. If you fail to comply with these requirements, then it may jeopardize your ability to recover the money you are entitled to. Every policy is different and I would recommend looking at… Read More »
What is prompt notice? How can it impact my ability to recover for my insurance claim?
Under the terms of your homeowner’s insurance policy, there are certain conditions or post-loss obligations you are required to comply with in order to obtain coverage for a loss. These conditions are generally contained in the paragraph entitled “Your Duties After Loss” under “SECTION I – CONDITIONS.” Failing to comply or substantially comply with… Read More »
What is an Examination Under Oath? What are my rights as an insured?
Almost every insurance policy requires an insured to appear for an Examination Under Oath (“EUO”) as one of the duties after loss. The following is an example of the language typically found in a homeowner’s insurance policy regarding Examinations Under Oath. You or any insured under this policy must: Submit to examinations under oath… Read More »
Do You Need To File A Home Insurance Claim?
Your home is your largest investment. This makes your home one of the most important assets you can protect monetarily. As Florida residents, you may be likely to host holiday festivities at your home and there is always the possibility that someone could get hurt. Further, on occasion, Florida is prone to bad weather… Read More »
