News & Analysis as of

Duty to Defend Fair Debt Collection Practices Act

Rivkin Radler LLP

Insurance Update - April 2021

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In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 19, 2020

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Real Property Update - Re-Foreclosure / Redemption: Trial court properly entered final judgment allowing re-foreclosure and allowing inferior lien holder right of redemption where inferior lien holder not named as party...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 3, 2020

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Real Property Update - Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 8, 2019

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Financial Services Update - FDCPA & FCCPA / Debt Collection Activity / Monthly Mortgage Statements: Monthly mortgage statements required by TILA and sent to plaintiff did not amount to “debt collection” because they did...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending October 11, 2019

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Financial Services Update - Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 1, 2019

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Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending February 7, 2014

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I. FLORIDA STATE CASES – SCOTT FEATHER - - Insurer’s Duty to Defend: order staying insurer’s declaratory action seeking coverage determination departed from essential requirements of law and caused insurer irreparable...more

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