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Wind-Driven Rain Insurance Coverage: A Post-Irma Review

June 22, 2018
Christopher B. Choquette  |  Hurricane Preparedness, Insurance

Over the last few years, Florida policyholders have seen an increasing trend of insurance companies relying on wind-driven rain exclusions. Many policies now exclude rain damage to the interior of a home or business unless an “opening” first occurs in the roof from wind or hail. Commonly, the insurance company will argue it is an insured’s burden to prove[…]

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Hurricane Damage Caused by Flying Debris. Who’s Liable?

June 22, 2018
Nicole Levy Kushner  |  Dispute Resolution, Hurricane Preparedness

The 2018 hurricane season has officially arrived. Damage caused by flying debris is one of the major threats associated with a hurricane. Securing loose items on your property should be part of your standard preparation when a high wind storm is approaching. But what happens when an item becomes a flying projectile during a storm causing damage to yours[…]

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Repairing Your Home or Business After a Hurricane: Know Building Code Requirements

June 21, 2018
Jeffrey Scott Bartel  |  Government and Regulatory, Hurricane Preparedness

Whether you ride out the next hurricane or evacuate to a safer location, invariably one of the first things property owners will do after the storm is inspect their homes and business locations that were in the hurricane's path for damage. Prior to the storm, it is, of course, prudent to record “time-stamped” photos and videos of the interior and[…]

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We’re All in This Together

June 20, 2018
Melanie Ann Hines  |  Dispute Resolution, Government and Regulatory, Hurricane Preparedness, Price Gouging

When the Governor declares a storm-related state of emergency, normalcy is suspended. Everyone rushes to stock up on batteries, food, water, ice, and lumber for “boarding up.” Gas stations become parking lots. ATMs run out of cash. Some people flee to hotels; others rent storage facilities for their possessions. For days on end, we are all focused on “the[…]

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Irma by the Numbers: The Claim Count Continues to Grow

June 18, 2018
Christopher B. Choquette  |  Hurricane Preparedness, Insurance

On June 12, 2018, the Office of Insurance Regulation (“OIR”) released an update on Hurricane Irma claims data received by insurers. The total number of reported Hurricane Irma claims has reached 978,767 with losses totaling an estimated $9,701,252,056. Of those claims, OIR reports that 823,733 are for residential properties and 58,544 for commercial[…]

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Are You Caught in the Storm?: What Bankruptcy Trustees Need to Know About Hurricane Claims

June 18, 2018
Ilyse M. Homer  |  Bankruptcy Litigation, Hurricane Preparedness, Insurance

On the heels of last year’s Hurricane Irma, everyone is mindful about the upcoming 2018 hurricane season. Last year, Hurricane Irma hit Florida and left about 65% of the state without power. In the months following the storm, businesses in the affected areas often struggled to recover, and it was a more difficult process for some more than for others.[…]

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Environmental Insurance Coverage: Now you have it – now you don’t

June 15, 2018
Dawn M. Meyers and Gina Clausen Lozier  |  Environmental, Insurance

In the transactional world, it has long been standard operating procedure to conduct due diligence and, should environmental conditions be found, contract around them through the use of indemnifications.  With a booming economy, though, sellers in a seller’s market have grown less willing to offer indemnification, pushing buyers into the realm of[…]

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Business Owners Beware: Defenses to the Big Bad Bankruptcy Trustee’s Suit Against Your Business for Fraudulent Transfers (Part II)

June 12, 2018
Ashley Dillman Bruce  |  Bankruptcy Litigation, Fraud/Securities Litigation

This article continues from a previous article by this author, available here: Your business now faces an adversary complaint filed by the bankruptcy trustee. The complaint has several counts alleging that your business received fraudulent transfers of assets from a debtor in bankruptcy. The complaint alleges two types of fraudulent transfers. The first[…]

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U.S. Supreme Court Upholds Employment Agreements Forbidding Class Actions and Requiring Individual Arbitration of Employment Disputes

May 22, 2018
Leonard K. Samuels  |  Dispute Resolution, Labor & Employment

In a 5-4 decision, a sharply divided U.S. Supreme Court today upheld the enforceability of widely used but controversial clauses in employment agreements, which require employees to forgo the possibility of proceeding collectively, and oblige them to resolve any disputes with their employers through individual arbitration.[…]

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Florida State Sales Tax Rate on Commercial Real Property Leases Reduced Further Beginning January, 2019

May 17, 2018
Barry D. Lapides  |  Real Estate

As a follow up to my November 2017 post, the Florida Legislature passed a tax bill (HB 7087) which includes a further reduction in the sales tax rate on commercial leases. As anyone who is involved in leasing commercial real property in Florida is aware, the State of Florida imposes a sales tax on rental payments for the lease of real property. The tax[…]

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David Beckham-backed MLS Stadium Can Provide Assist to South Florida Real Estate Market

April 24, 2018
Joshua B. Brandsdorfer  |  Real Estate

As the Miami Heat gear up for the playoffs, the Miami Marlins get ready for Opening Day under new management, and the Miami Dolphins prepare for the NFL Draft, a new Miami sports franchise is still just trying to find a place to call home. This past January, to great fanfare in downtown Miami, Major League Soccer (MLS) officially announced league approval[…]

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The Eleventh Circuit Reaffirms the “Person Aggrieved” Standard

April 2, 2018
Lewis M. Killian Jr. and Ashley Dillman Bruce  |  Bankruptcy Litigation

The Eleventh Circuit recently reaffirmed the “person aggrieved” doctrine in In re Petricca, 17-10325, 2018 WL 1020046, at *1 (11th Cir. Feb. 22, 2018). The person aggrieved doctrine provides that a person may appeal from a bankruptcy court's order only if he is a person aggrieved by the order. The doctrine limits the right to appeal a bankruptcy[…]

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