— The Library
Field notes from active matters.
Working analysis written by attorneys actively litigating these cases — not content marketing teams writing for SEO. Real estate, property-rights constitutional claims, insurance, HOA & condo, IP, and construction.
Latest articles
- For Referring Attorneys: The Broker-Liability Case Hiding in Your Florida File — Written for counsel. If you have ever closed a file because the coverage turned out to be worthless, this is about the case you closed.
- Ghost Brokers and Fake Auto Insurance in Florida — A ghost broker sells the appearance of insurance. The card is convincing enough for a traffic stop, a tag agency, and a lienholder — which is to say, convincing enough for everything except a claim.
- Your Florida Insurer Failed: FIGA's Limits, the Surplus Lines Gap, and the Broker Who Put You There — The letter says the carrier has been placed in receivership. It arrives with a tone of administrative calm entirely disproportionate to what it means for the person holding an open claim.
- PEO Roster Gaps and Ghost Comp Policies: Florida's Invisible Coverage Failure — Of all the phantom-coverage patterns in Florida, this one produces the worst outcomes, because the person who discovers it is lying in a hospital bed.
- Fake Certificates of Insurance on Florida Projects: Who Pays When the Coverage Isn't There — A certificate of insurance is a summary. It is not the policy, it confers no rights, and it is trivially easy to forge. On a Florida construction project it is nonetheless the single document on which
- Sold an IUL as a "Retirement Plan"? Illustration Misrepresentation in Florida — The pitch is durable because it is designed to be: tax-free growth, market upside with no downside, borrow against it, "be your own bank." What the buyer signs is a life insurance contract with intern
- When a Florida Life Insurance Denial Is Really the Agent's Doing — A life insurance denial arrives in the worst month of a family's life and is written to sound like the end of the conversation. It rarely is. The reason on the letter is frequently a consequence of so
- Negligent Procurement in Florida: Suing the Agent Who Sold You the Wrong Coverage — Every coverage lawyer eventually meets the client who says the same sentence: "I told him I wanted full coverage." Whether that sentence is worth anything is a question of Florida procurement doctrine
- Is Your Insurer Even an Insurer? Unauthorized Entities in Florida — The cheapest quote in Florida is sometimes not a quote at all. It is an invitation into an entity that has no certificate of authority, no solvency regulation, no reserves, and no intention of paying
- Premium Diversion in Florida: What Happens When the Policy You Paid For Never Existed — Premium diversion is a quiet crime with a loud discovery. Nothing about it announces itself while it is happening — the paperwork looks right, the payments clear, the agent answers the phone. It surfa
- FDUTPA: Florida's Consumer-Protection Weapon Against Deceptive Termite Practices — If a Florida pest-control company misled you about a termite inspection, treatment, or bond, you may have more leverage than you think. The Florida Deceptive and Unfair Trade Practices Act, known as F
- Don't Repair That Termite Damage Yet: Preserving Evidence in a Termite Claim — When you discover termite damage, the instinct is to fix it fast — patch the wood, call for a treatment, make the house whole again. That instinct is understandable, but acting on it too soon can quie
- Signs Your Pest Control Company Committed Fraud — and What to Do Next — Not every disappointing termite outcome is fraud. Sometimes an inspection or treatment simply falls short. But certain patterns should make a homeowner look harder — because they can indicate that a c
- The EPA Five-Year Standard: Why a Failed Termite Treatment Usually Means a Failed Application — If your home was treated for termites and they came back within a few years, the pest control company may tell you the chemicals simply "wore off." That explanation is usually wrong. Before a soil ter
- Formosan "Super Termites" and the "We Only Cover Subterranean Termites" Excuse — Formosan termites are often called "super termites," and for good reason — they are aggressive, fast, and enormously destructive. But when a pest control company denies a claim by arguing "we only cov
- How Long Do You Have to Sue? Statutes of Limitations for Termite Claims in Alabama and Florida — A strong termite claim can become worthless for one unglamorous reason: you waited too long. Statutes of limitations set hard deadlines, and once they pass, even a meritorious claim can be dismissed.
- Mental Anguish and Punitive Damages in Alabama Termite Cases — Many homeowners assume that if a termite company fails them, the most they can recover is the cost of repairs. Under Alabama law, that is not always the whole picture. Depending on the facts, a homeow
- Seller Disclosure Duties for Termite Damage: Alabama vs. Florida — When a home seller knows about termite damage, does the law require the seller to tell the buyer? The answer depends on which state you are in, and Alabama and Florida start from very different places
- Florida WDO Inspections: FDACS Form 13645, Chapter 482, and Your Rights After a Bad Report — If you are buying a home in Florida, a wood-destroying-organism (WDO) inspection is usually part of the process, and its results are recorded on a specific state form. This article explains what that
- The Official Alabama Wood Infestation Inspection Report (WIIR): What It Means When You Buy or Sell — If you are buying or selling a home in Alabama, chances are good you will encounter a termite inspection and a one-page form called the Official Alabama Wood Infestation Inspection Report, or WIIR. Th
- Does Homeowners Insurance Cover Termite Damage? The Vermin and Insect Exclusion Explained — When homeowners discover termite damage, the first hopeful thought is often, "Surely my homeowners insurance covers this." Usually it does not. Standard policies exclude termite damage on two separate
- Proving Negligence in a Termite Damage Case: Duty, Breach, Causation, and Damages — If a termite company was supposed to protect your home and it did not, negligence law gives you a way to hold the company accountable. But a negligence claim has four parts, and you have to prove all
- Are Termite Bond Arbitration Clauses Ever Unconscionable? Leonard v. Terminix and Its Limits — Sometimes an arbitration clause is so one-sided that a court will refuse to enforce it. Alabama once struck down a Terminix termite-bond clause on exactly that ground. But the law has moved since then
- Can a Subsequent Home Buyer Be Bound by the Prior Owner's Termite Bond Arbitration Clause? — You bought a home that came with an existing termite bond, and you never signed anything with the pest-control company yourself. If the company mistreats your house, can it still force you into arbitr
402 articles total. Browse the full Library.