Author Archives: Jay Butchko
Trucking Laws are Supposed to Keep the Roadways Safe
Large, commercial trucks are vital to our economy. They transport the goods that we need to live. But their sheer size, and the commercial trucking industry, can often cause problems, as the typical commercial truck can dwarf a normal passenger vehicle. That’s why there are numerous laws in place, to ensure that the trucks… Read More »
When Can You Assert the Fifth Amendment?
The fifth amendment is well known to people, and has become somewhat famous by its use in movies, and with certain government officials who seem to assert it quite often. But when can you assert the fifth amendment? What is the Fifth Amendment? The fifth amendment is the constitutional right to refuse to say… Read More »
Recent Case Looks at Homeowner’s Delay in Filling Out Insurance Paperwork
We’ve written in the past about what happens if a homeowner making a homeowner’s insurance claim doesn’t follow the time restrictions in the homeowner’s insurance policy. In many cases, failure to abide by deadlines, such as the deadline to make a claim, or allow an inspection, can lead to a claim being denied. A… Read More »
You Can Fight Against a Foreclosure Deficiency Judgment
If you are in foreclosure, and you lose the case (or you decide not to challenge the case at all), you may be hit with a double insult: The foreclosure and loss of the home itself, but also, the entry of a deficiency judgment against you. What is a Deficiency Judgment? A deficiency judgment… Read More »
Gay Parents Win Citizenship Fight for Their Child
The LGBTQ movement has attained many civil rights, and equality in many areas of the law. But one area where LGBTQ rights may be lagging, is in immigration law, as indicated in a recent case. Child Denied Citizenship The case involved two homosexual men who had a daughter in 2018. They used a process… Read More »
Do Police Need a Warrant Before Obtaining Your DNA?
We all know of the importance of DNA evidence in criminal cases. It can convict people definitively. It can get people who are wrongly convicted, released from prison. It is often the first thing police at a crime scene collect. But do police need a warrant to collect your DNA? The answer is more… Read More »
The Constitutional Challenge to a Sinkhole Claim Law
In the world of homeowner’s insurance, it is rare that constitutional questions come into play. But sometimes they do. One example where this happened was in 2012, when the Florida Appellate Courts determined what the Florida legislature could do in homeowner’s insurance cases. Law is Challenged as Unconstitutional The case involved a challenge to… Read More »
Exploding Bodies and Named Peril Insurance Policies
Rarely in the world of homeowners insurance are there disputes or cases that we would consider to be gross or distasteful. But in the world of the law, you never know what kind of disputes can arise, and homeowner’s cases are no different. That’s why it may (or may not) be important to know… Read More »
Can You Get Consequential Damages in a Property Insurance Damage Lawsuit?
In a property insurance contract, damages for the homeowner when the insurance company breaks the insurance contract by not paying, or by not paying the proper amount, is generally whatever it would cost to fix the property (in addition to attorneys fees and costs). In other words, if your house is flooded, and the… Read More »
Unusual Things Your Homeowners’ Policy Covers
One good thing about homeowners’ insurance is that it covers damage and losses that you may not think of, and can make sure that if you have damage to your property, that you are not “out of pocket” in having to make necessary repairs. Here are some things that your homeowners’ insurance policy likely… Read More »