When an insured makes a property claim to their insurance carrier, the insurer has the right to investigate that claim prior to an insured filing a lawsuit. One of the common pre-suit policy conditions contained in an insurance policy is an insurance company’s right to request a signed, sworn proof of loss is provided within a specified period of time from the Insured, generally 60 days. A signed, sworn proof of loss is a document prepared by or on behalf […]

How to Turn an Opposing Counsel’s Sneaky Tactic into a Winning Defense When defending a first-party property insurance hurricane claim, ensuring that the plaintiff’s counsel complies with the insurance policy’s supplemental claim provision is critical. Many policies require that the Insured provide a supplemental claim prior to filing suit when the cause of loss is due to a hurricane. The supplemental claim is almost always a repair and/or replacement estimate provided by a public adjuster on behalf of the plaintiff. […]

Ms. Benson-Villegas is an associate attorney in the Miami Office who primarily practices in the area of first-party insurance defense. Ms. Sandler Cromer is a partner in the Fort Lauderdale Office, her practice consists of insurance coverage and appellate matters.

With the advent of the current global pandemic and when considering your own health and providing for your family in the future, a Will will ensure your affairs are handled per your request after death. However, have you considered what might happen if you become incapacitated? Given the current global health climate, you should be concerned with having your affairs handled in the event of incapacity. The following estate planning documents are ones that every single adult, no matter your […]

Florida Supreme Court Amends Administrative Order 20-23 extending the suspension of Statewide grand jury proceedings through July 26, 2020, and all other jury proceedings, including grand jury proceedings, jury selection proceedings, and criminal and civil jury trials remain suspended through July 17, 2020. CLICK HERE TO READ THE ORDER

On May 29th, the First District Court of Appeal took action concerning the prominent one-time change provision under F.S. 440 which may have a significant impact on the way Employer/Carrier’s handle said requests.  In City of Bartow and Commercial Risk Management v. Flores, No.1D18-1927 (May 29, 2020), the First DCA reviewed a JCC order finding the Employer/Carrier (E/C) failed to comply with section 440.13(2)(f), Florida Statutes (2015), the “one-time change provision,” and awarding authorization of a claimant-selected alternate physician because […]

As we all continue to learn to navigate our “new normal”, Walton Lantaff has largely returned to the operation of our in-office environments consistent with the gradual re-openings taking place across the state of Florida. Throughout this difficult time, our legal team has seamlessly stayed on top of all legal developments, and continues to diligently serve and represent our clients. We remain ready and willing to assist you in addressing your particular business needs and achieving your goals. We continue […]