Even if an insurer maintains right to deny coverage or to rescind a policy or its reinstatement, it cannot have its cake and eat it too. When an insured reinstates a policy after cancellation for non-payment, the insurer cannot deny coverage and retain premium paid for the time period covering the loss event. Florida law … Read more
2 Cases, Interpreting Virtually the Same Language, 4 Months Apart, 2 Different Results (and with 1 Concurring Judge in Common) Under Florida Law, there are two statutes (at least) that require document service on opposing parties without filing with the Clerk, a Safe-Harbour letter pursuant to Fla. Stat. 57.105(4), and a Proposal for Settlement pursuant … Read more
“The law requires that each defendant have sufficient time to prepare a defense, including the opportunity to utilize available procedural discovery rules provided for that purpose. Florida Rule of Criminal Procedure 3.220(a) (1)(i) requires the prosecution to disclose to defense counsel the “names and addresses of all persons known to the prosecutor to have information … Read more
Arrested for Unlicensed Contracting Unlicensed Contracting Broward County and Dade County have been setting up stings and actively pursuing unlicensed contractors. If you have been arrested for the crime of unlicensed contracting, we can help. Andrew Douglas is a construction litigation attorney and former prosecutor, and can help you to achieve the best possible result … Read more
A Discussion on Florida Civil Theft: Does Motive Matter, or Does Intent Only Matter? Motive is legally defined as motive n. in criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive … Read more
This article is a Quick Answer Page on Intentional Infliction of Emotional Distress, provided by Andrew Douglas, P.A. What is Intentional Infliction of Emotional Distress in Florida? How do I prove an Intentional Infliction of Emotional Distress claim in Florida? What are the elements of a claim for Intentional Infliction of Emotional Distress in Florida? … Read more
Default Basics. A default occurs in litigation when a party fails either to respond to a lawsuit, and less often can be entered against a party who fails to comply with a court order. In Florida, a party in most cases has 20 days to answer a lawsuit. If that party fails to file any … Read more
It’s the Fourth of July 2011, and the Casey Anthony Jury is out. I have been following this matter only superficially, and asking others their opinions on the case. Here is my quick “two-sense” (sic.) I am not going to tell you what I think the jury should do (Okay, maybe I am… a little), … Read more
One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more
A common question I encounter at social gatherings is whether one should submit to a breath test or refuse? Or, more generally, what do I do if I get pulled over and I have been drinking? Unfortunately, there is no simple answer to this question. Now I am not writing this article to delve into … Read more