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Category Archives: Firm Articles
Code Enforcement Matters: A Reconsideration
Can a code enforcement board or Special Magistrate rehear or reconsider a case, matter or issue previously presented? That is the question. Not exactly Shakespeare, but one potentially relevant to a residential or commercial property owner, or local governing body. Section 162.11, Florida Statutes (2014), governs appeals from final orders of a municipal or county code enforcement board and states: An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the… Read More »
Investigating PIP Fraud Through the Appropriate and Effective Use of (6)(b) Requests
According to the language in the No-Fault Statute, an insurer is required to pay a bill within 30 days of receiving the bill in order to avoid incurring a penalty, interest, or attorneys’ fees. This presents a very tight window within which an insurer can investigate a claim where fraud may be involved. Section 627.736(6)(b), Florida Statutes, provides an insurer with the option to request additional information or documents from a medical provider to toll the time when a bill… Read More »
Investigating PIP Fraud Through the Use of EUOs and Preserving the EUO Defense in PIP Cases
As medical provider PIP fraud continues to increase in the State of Florida, insurers must effectively use the available tools to investigate suspected fraud. Florida’s No-Fault Statute provides options to insurance companies to investigate suspected fraud by claimants (both providers and individual accident participants), with the ultimate goal of protecting the insureds and controlling the cost of fraud on consumers. One potentially effective tool to investigate fraud is the examination under oath (“EUO”). The purpose of the EUO is to… Read More »
Title Claims: How to File a Title Claim
The first step in determining whether you have a viable title claim is to review your title policy in detail. You must be sure that the defect you are concerned about does not appear as an exception to coverage in Schedule B of the title policy or elsewhere. Once you have determined a claim exists, you should thoroughly review the policies and procedures in your title policy for submitting a claim. Be aware that most title policies say that you… Read More »
Title Claims: How Title Insurance Protects You
Unlike other traditional forms of insurance that protect you from unforeseen future accidents, sickness and natural disasters, title insurance protects an owner from potentially undiscovered issues when you buy land or a home. Title insurance potentially provides insurance coverage to protect you from financial loss related to a defect in the status of title to property. If it is later discovered you do not own what you thought you bought or if someone else claims some interest in your property,… Read More »
A CLARIFICATION TO FLORIDA’S LAW PROVIDES GUIDANCE TO COURTS IN REGARD TO PROCEEDINGS SUPPLEMENTARY UNDER § 56.29, FLORIDA STATUTES, WHEN JUDGMENT CREDITORS SEEK TO COLLECT ON JUDGMENTS.
By Bart R. Valdes, Esq. and P. Hayden Haskins, Esq. On June 20, 2014, Governor Rick Scott approved 2014 Florida Laws Chapter 182, which revised Florida’s law on proceedings supplementary found in § 56.29, Florida Statutes. Effective on July 1, 2014, § 56.29, Florida Statutes, was revised to clarify existing law and provide guidance to judges, creditors and judgment debtors, as well as third parties who may be subjected to collection actions based on transfers made by judgment debtors. It… Read More »
Attorneys’ Fees and Costs When Litigating Against an Insurance Company
Not every lawsuit involving an insurance company results in the award of attorneys’ fees and costs. The general attorneys’ fee provision, § 627.428, Florida Statutes, only provides for an award of attorneys’ fees when an insured prevails and an actual recovery of insurance proceeds is obtained. In fact, §627.428, “‘has consistently been interpreted to authorize recovery of attorneys’ fees from an insurer only when the insurer has wrongfully withheld payment of the proceeds of the policy.”” Progressive American Ins. Co.… Read More »
Deficiency Judgments in Foreclosure Actions
By Bart R. Valdes, Esq. and P. Hayden Haskins, Esq. Florida is at or near the top of the charts in regard to the number of foreclosure filings, the number of properties sold at foreclosure sales, and the total number of distressed properties. As the foreclosure process shakes out, many homeowners have decided to “walk away” and simply allow the house to be taken back by the bank. Many lenders have, at this time, decided to simply get the property back without… Read More »
Dealing with Association Liens and Code Enforcement Liens in a Foreclosure Action
By Bart R. Valdes, Esq., and Amber Ashton, Esq. As Florida continues to sift through debris left in the wake of the foreclosure crisis there are some issues that remain even after a property is sold at a foreclosure sale. Both homeowners’ and condominium associations, as well as local governments, often end up with liens that need to be dealt with after a foreclosure action. The ability to resolve these issues promptly and fairly is important to all parties involved. In… Read More »
New Mediation Requirements Put New Burdens on Corporate Entities in Litigation
By Bart R. Valdes, Esq., and Amber Ashton, Esq. The Florida Supreme Court has revised the rules relating to mediation and new requirements have been imposed on corporations and other business entities that are involved in litigation. Rule 1.720, Florida Rules of Civil Procedure, provides the basic requirements for all mediations in Florida. The purpose of the amendments is to make sure that business entities send someone who has real decision making ability to mediation so that all settlement alternatives… Read More »