Does Your Insurer Have a Duty to Defend Your Business?

By Erum S. Kistemaker

A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting on his judgment if it is going to be paid from insurance proceeds. For the insured defendant, insurance coverage can provide reassurance that, if any monetary judgment is awarded against him, he will not have to satisfy it from his own assets.

Equally important, his policy will also probably stipulate that the insurer will provide him with an attorney and legal defense for any claims covered by the policy. Boards must have the authority to implement/ratify and enforce the rules of the community. This authority must come from the Associations’ governing documents. We suggest the Association’s rules are reviewed by counsel. We can assist you with this for a reasonable fee. Call our office today at 386-310-7997.

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Strong Representation

“Erum Kistemaker has been so helpful in resolving our condominium issues. We are extremely happy with the insightfulness and strong representation that she brings.”

Attention to Detail

“The entire team at Kistemaker Business Law Group are amazing. I was really impressed with their attention to detail, their knowledge of case law, and their level of organization.”

Indispensable Services

“On behalf of our HOA, Kistemaker Law has performed beyond all expectations. In guiding our board and community through difficulties, Kistemaker has been indispensable.”

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Frequently Asked Questions

What types of legal issues does Kistemaker Business Law Group handle?

We offer legal guidance and representation in business law & litigation, real estate law, condo & HOA law, construction law, corporate & LLC law, landlord-tenant issues, and property insurance claims.

What areas in Volusia and Flagler Counties do you serve?

We provide specialized legal counsel to clients across the entire Halifax area and beyond. While our office is in Ormond Beach, we frequently represent clients in:

  • Volusia County: Daytona Beach, Daytona Beach Shores, Port Orange, Deland, Deltona, and New Smyrna Beach.

  • Flagler County: Palm Coast and Flagler Beach.

Do you work with both businesses and individual property owners?

Yes — we serve businesses, associations, property owners, landlords, tenants, and developers throughout Volusia & Flagler Counties.

How can Kistemaker Business Law Group help my business with formation and compliance?

Our attorneys assist with entity formation (LLCs/corporations), compliance, contracts, governance, and ongoing legal counsel to help businesses start, grow, and operate confidently in Florida.

Can you help with landlord-tenant disputes?

Absolutely — we provide legal support for both commercial and residential landlord-tenant matters, including lease enforcement, dispute resolution, and eviction proceedings.

What experience does the firm’s leadership bring?

Managing attorney Erum Kistemaker has over 25 years of experience in business, property, construction, and condo/HOA law and holds prestigious recognitions including Super Lawyer status and AV Preeminent® rating.

What sets Kistemaker Business Law Group apart from other law firms?

We combine practical, client-focused legal strategy with deep experience in business and property law — offering tailored solutions and clear communication throughout the legal process.

Are there services available for property insurance disputes?

We provide legal representation for policyholders navigating coverage questions, claims disputes, denied benefits, and post-loss issues.

How do I schedule a consultation with your law firm?

You can contact the firm via phone or the online form on the Contact page to request a consultation, where we’ll discuss your legal needs and next steps.