Rubino Findley, PLLC is proud to announce that attorney Joseph Mannino has joined our Firm as an Of Counsel attorney.

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What is Insurance Bad Faith?

What is Insurance Bad Faith?

Civil Litigation
Lawyers will always tell you that an insurance company can make your life difficult in many ways. Some of these are just the usual ways that an insurance company will do business. In some cases, the insurance company may cross a line where its actions could violate state law. When that happens, you may have a bad faith claim against the insurance company. The insurance company has certain legal obligations to policyholders and claimants. These principles are a part of contract law, which requires a duty of good faith and fair dealing. The opposite of this is bad faith, where the insurance company does what it can to renege on its contractual obligations. Here are some examples of possible insurance bad faith: Extensive and unreasonable delays in processing and addressing…
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How Can A Lawyer Help at a Real Estate Closing

How Can A Lawyer Help at a Real Estate Closing

Real Estate
Hiring an experienced real estate lawyer can help protect your legal interests at closing. There could be a number of issues that arise that could either complicate the deal or pose a risk to your finances. An attorney can help you renegotiate if necessary or even negotiate to keep the deal as intact as possible in light of the challenges. Every real estate closing has numerous documents that must be reviewed before they can be signed. Do not make the mistake of rushing through these documents. Your legal rights are described in these documents, and any errors could cost you in the future. An attorney can review the document before you sign them. In addition, you may learn of defects in the title of the property during a title search…
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Risks of a General Partnership

Risks of a General Partnership

Business Law
If you are in a partnership, you are truly partnered with the other people in every respect of the word. What they do wrong is what you do wrong. You are fully liable for the debts of the partnership and anything else that happens. For example, if one partner is involved in a car accident, all of the partners are legally responsible for paying the damages. The same goes for any debts that one of the partners runs up in the name of the partnership. In other words, the partnership can be a liability nightmare for the unsuspecting partner. You may be going about your business and doing nothing wrong and find yourself on the receiving end of a large bill that can destroy your finances and credit permanently. When…
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Mechanic’s Lien Basics

Mechanic’s Lien Basics

Real Estate
There are various things that may put a cloud on the title of real estate. People who have performed work on the property and have not been paid may have the ability to put a lien on the title that must be satisfied before the property can be sold. Contractors and builders have a legal right to be paid for the work that they have done. They have more than just the ability to send a bill to a customer. If someone does not pay for a builder's work, they cannot easily escape further liability. Even if the mechanic cannot get the money by other means, they can put a lien on the property. This lien would have a higher priority than other creditors if someone were to go bankrupt.…
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Benefits of Outsourced General Counsel Services

Benefits of Outsourced General Counsel Services

Business Law
Your company may be new, and you may not have the budget to hire a full-time attorney. You may still have the need for legal services, however, and you should not go without them. An outsourced general counsel can enable you to hire an attorney without needing to bring one on to your staff. It is a cost-effective way to get legal help without taking on more than you can financially handle. When you hire an outsourced general counsel, you pay for only the legal services that you need. You could hire the outsourced general counsel on an as-needed basis, or you may use their services for a specified period.  Regardless of which method you choose, you would get a dedicated attorney who takes the time to learn about and…
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Drafting an Operating Agreement

Drafting an Operating Agreement

Business Law
A limited liability company is an important legal option for your business that can both protect you personally and give your company added credibility in the eyes of stakeholders. LLCs are governed by operating agreements. These are binding on your LLC, so it is important that you get it right when you first draft it. Otherwise, you could end up in costly litigation. Even though Florida law does not require your LLC to have an operating agreement, it is a good idea to have one anyway. There are a number of choices that you must make when you are drafting an operating agreement. Here are some things that your operating agreement should cover: The number of members How management is to be structured Member investment in the LLC How profits…
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Who Should be Your POA?

Who Should be Your POA?

Estate Planning
A person who holds power of attorney has a significant amount of responsibility. They act in your stead when you can no longer make certain key decisions. Therefore, you should be confident that the person you select has the ability and necessary skills to act in this critical role. Choosing someone to hold your power of attorney is not a decision that should be taken lightly. There are two primary types of power of attorney: Financial power of attorney Health Care power of attorney For someone to make financial decisions for you, they should have the required judgment and experience. They should both understand financial matters and know how to carry out what they believe to be your wishes. The person should be level-headed and financially savvy. For a health…
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Should You Form an LLC?

Should You Form an LLC?

Business Law
When you are starting a business, you must balance efficiency with your own personal protection in case something goes wrong with your venture. You could be held liable for debts and judgments if you do not have the right business structure. A limited liability corporation can potentially help you form an operating business while protecting you from liability. The reason why people will form an LLC has to do with its name. If you have a sole proprietorship, you are the company. If you end up with business debts or you injure somebody, you could end up being made to pay yourself. When you form an LLC, your liability is limited to the assets of the business (subject to some exceptions). An LLC is relatively easy to start. You would…
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Do Contract Disputes Go to Court?

Do Contract Disputes Go to Court?

Contract Disputes
While contract disputes are not inevitable, they happen more often than you think during the course of performance. In some cases, they will end up in litigation, but that does not always mean that your case will end up in front of a judge. There is a difference between a case going to court and going to trial. Many cases will go to court when one or both parties file a lawsuit. However, you may work on negotiating a settlement at some point during the legal process. It is common for both parties to resolve their difference between the time that the lawsuit is filed and when the case would go in front of a judge or jury. In fact, a civil trial is very rare. Most cases will settle…
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Common Title Issues

Common Title Issues

Real Estate
Problems with the title can get in the way of what you think will be a routine closing. Title companies report that they have to do some work to resolve title issues in roughly one-third of closing. Here are some common issues that could impact your closing. Liens When a property owner owes money, one way that someone can potentially collect is by placing a lien on the property that gives them an entitlement to sell the property to recover all or part of the debt. A lien is attached to the property, as opposed to being levied against a person. Therefore, the lien would pass with the property if it is not detected or resolved. Unclear Boundaries and Easements The neighbor may claim part of the property because the…
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