Author Archives: Jay Butchko
Are Appraisals Necessary When the Insurance Company Partially Denies Claims?
Almost every homeowner insurance policy has some provision that allows a homeowners insurance company to try to avoid court in the event of a dispute. Usually, this kind of avoidance is done through appraisal. The standard policy will say that if the insurance company denies the claim, the homeowner can (or must) submit to… Read More »
Differences Between Insurance Contracts and Other Types of Contracts
We’ve written in the past about lawsuits and court decisions which involve careful interpretation of terms and conditions written into insurance contracts. But are insurance contracts the same as every other contract, such as one that you would sign in the course of business or employment? How do insurance contracts differ from other kinds… Read More »
Insurance Companies Have to Pay Agreed-to Settlements Quickly
Usually, we complain that an insurance company is slow to resolve a claim, slow to investigate claims, or slow to actually tender an amount of money under the policy that is necessary and sufficient to fulfill the obligations under the insurance contract. But sometimes, they act quickly, and the homeowner and the insurance company… Read More »
Understanding Florida’s Murder Laws – Degrees of Severity
Murder is considered the most serious crime that someone can commit. In many cases, an accused may try to plead innocent of all charges. But in other cases, the question may not be guilt or innocence, but rather, minimizing the sentence that could be imposed. In that case, it’s important to understand the differences… Read More »
Don’t Retaliate Against Employees Who Have Workers’ Compensation Claims
When employers think about discrimination on the job, they often think about sexual harassment, or discrimination against those with disabilities, or against minorities. But there is another kind of discrimination that many companies often overlook: Discriminating against someone who has made a workers’ compensation claim. No Retaliation Allowed Even though Florida is an “at… Read More »
Court Rules an Insured Can Only Get Damages That Are in the Insurance Contract
The Florida Supreme Court recently issued an opinion that limits the damages that a consumer can get when the insurance company breaches the insurance contract. The opinion is one that insurance companies will surely use to discourage consumers from suing. Consequential Damages The issue in the case has to do with what are known… Read More »
Florida’s Domestic Violence Work Leave Law May Help Some Victims
It is assumed that most employers in most workplaces keep an environment that is free from violence, especially when it comes to domestic violence. It is also likely that employers may be very sensitive to employees who are victims of domestic violence at home, even if it has nothing to do with their workplace…. Read More »
Incomplete or Inchoate Crimes
We all know that it is illegal to commit crimes. But what about trying to commit a crime? When can you be found guilty of committing a crime that you tried to commit-but failed to complete? Inchoate Crimes These are called inchoate crimes, and we usually refer to them as “attempted” crimes. Of course,… Read More »
What is Your Insurance CLUE Report?
When you apply for a loan, you expect that the lender will pull your credit, to see what your past history is paying off loans. There are entire credit reporting agencies, which keep records of your debt and payment history on that debt. You probably knew that-but what you may not have known, is… Read More »
Homeowner Loses Right to Sue Insurance Company for Bad Faith
When you sue an insurance company for anything related to property damage, there are really two kinds of suits. The first a breach of contract, which generally alleges that the insurance company didn’t live up to its obligations in, or follow the terms of, the insurance contract between it and the homeowner. But the… Read More »