Florida Governor Ron DeSantis (R) has signed a new law into effect following Hurricane Ian that allegedly aims to make obtaining property insurance easier and more affordable for home and business owners. But do these new policies really help, or are they leaving property owners with too little time to file claims for damages? Here’s what to know. 

What The Law Means For Property Owners 

Before this law was passed, property owners had as long as two (2) years to file a claim for damages to their homes or buildings. Now, owners must submit or reopen a damage claim within one (1) year to be considered eligible for coverage. Supplemental claims also used to have a three (3) year submission window, and now property owners have just 18 months. 

Owners also can’t sue their insurance companies unless they can prove their insurers defrauded them or otherwise acted in bad faith. This, unfortunately, leaves property owners at an unfair disadvantage when it comes to holding insurers accountable for inappropriate conduct.  

What The Law Means For Insurance Companies 

Of course, property owners aren’t the only ones who will be impacted by the new insurance laws. Insurance companies also have a few new regulations, primarily related to the efficiency and speed at which claims are investigated, settled, and paid. Insurers must also include if flood damage isn’t covered on the policy’s declaration page, and are required to offer substantial discounts to customers who opt into the arbitration contract and agree to mediate in favor of suing. 

Changes To The Assignment Of Benefits 

Perhaps the most concerning update to Florida’s property insurance laws is the discontinuation of Assignment of Benefits, which permitted contractors to conduct maintenance and repairs permitted by the claimant’s policy and directly invoice the insurance carrier for the costs. Builders would then receive payment from the insurance provider, which helped facilitate the process of filing claims for property owners. 

Property owners must now pay contractors up front for repair or reconstruction services, and have to send the receipt along with a detailed claim to their insurance provider for expense reimbursement. Because of this, customers will find it more challenging to use their insurance coverage to have property damages fixed, and many building owners won’t be capable of paying builders up front. This will undoubtedly leave many home and business owners with little recourse, even if the damage is technically covered by their policies. 

For help navigating property insurance claims in Florida, call Feinstein Real Estate Litigation & Business Law by dialing 954-767-9662.

Having a business partner can be fun; from sharing new ideas to insights, it is sometimes quick to execute specific business assignments with a business partner. However, things may go sour when either of the parties starts to embrace negligence. Most business partners often ask: Can I Sue My Business Partner for Negligence?

The short answer to this question is YES. You might sue a business partner if your partnership agreement stipulated that your partner should work and not neglect duties.

Grounds for Suing a Business Partner for Negligence

A business partner is one or more people coming together to run a business. As a business partner, each person plays a role in decision-making. While some find it comfortable working and partnering with others, sharing the power of decision-making may not be their thing.

Sometimes, a business owner may force others to agree, even without their consent. General and limited are the two types of partnerships. The former states that business owners hold equal powers and are privy to business profits. They also have the same decision-making powers, including those affecting business management. On the other hand, they will also be responsible if businesses are out of cash.

A limited partnership means that partners can fully supervise and control the company. They hold the power other partners don’t have. They don’t enter into binding contracts but are exempted from the debts and obligations of the business.

What Should I Do in The Case of Negligence by A Business Partner?

Solving business partners’ issues does not require taking legal action at times. However, sometimes you may have to settle only for business litigation. You may sue your business partner for the negligence of duty.

Suing for Negligence

Suing your business partner for negligence is not only the issue to focus on, but you must be ready to prove things to make it a valid claim. If you are suing your business partner for negligence, you must be prepared to show that:

●  Your business partner didn’t act as a reasonable business partner would have done under a similar condition

●  Your partner’s actions have brought some setbacks or damages to the business

If a business owner can prove these points genuine, he has everything needed to get started with a legitimate negligence claim.

A business partner owes the partnership a duty of care to make decisions in good faith. If they fail to do this, then there may be a basis for a negligence claim.

Conclusion

You can sue your business partner for negligence, provided that it is stated in your agreement that your partner will not neglect any designated duties. However, an agreement should always spell out a partner’s duty clearly.