Jessica M. Skarin graduated magna cum laude from Florida State University in 2004 where she earned a Bachelor of Arts degree in Communication Studies. She was selected to both Phi Beta Kappa and Lambda Pi Eta. In 2009, Jessica earned her Doctor of Jurisprudence, cum laude, from Wake Forest University School of Law. While in law school, Jessica was the Managing Editor of the Wake Forest Law Review. She was also a member of the Wake Forest Moot Court Board where she received multiple awards including "Best Oralist" and the "Debbie Parker Service Award."
Jessica's subrogation practice involves large losses of all types, including claims for product liability, fire spread, construction defects, and indemnity, as well as negligent hiring and supervision. Prior to joining Butler, Jessica worked as a trial court law clerk for Florida's Thirteenth Judicial Circuit in Tampa, Florida, where she was the 2010 recipient of the Chief Judge's "Quality of Excellence" Award.
Jessica is admitted to practice in all State and Federal Courts of Florida, and has handled cases in several other jurisdictions, including New York, Texas, Georgia, Oklahoma, Kansas, Alabama, Louisiana, and the Virgin Islands.
- Florida State University
Bachelor of Arts
- Wake Forest University School of Law
Doctor of Jurisprudence
- Florida Courts (Middle District)
- Florida Courts (Northern District)
- United States Second Circuit Court of Appeals
December 01, 2014
PUBLICATIONThe Only Thing We Have To Fear Is Spoliation Itself … and Sanctions: How Spoliation Can Erode, or Even Destroy, the Potential for Recovery
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Successful subrogation recoveries generally start with proper documentation and preservation of the relevant evidence. For this reason, every effort should be made to involve a subrogation professional at the earliest possible moment following a loss. However, early involvement is not always plausible. Additionally, at times, the circumstances surrounding the loss simply do not allow for the desired preservation of evidence. When the relevant evidence is not sufficiently documented or preserved, a claim for recovery is likely to be met with a spoliation defense.
June 26, 2014
PUBLICATIONThe Language Was Not Enough: Florida Supreme Court Holds that the Standard "Transfer of Rights" Provision Does Not Abrogate the "Made Whole Rule"
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The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to the Florida Supreme Court. In its recent opinion, the Florida Supreme Court clarified that a basic transfer of rights provision, without more, does not give the insurer a right of priority. Under such circumstances, priority of recovery remains dictated by Florida's common law "made whole doctrine."
December 01, 2013
PUBLICATIONProving Lost Profits In a Subrogation Case: It's No Easy Matter
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This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. © Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.
As subrogation professionals, it is sometimes easy to overly focus on the liability issues in each case, leaving a thorough damages analysis for another day. However, it is a better practice to perform a complete evaluation of the legally recoverable damages early during the subrogation investigation, so that the true value of the claim can be ascertained and relayed to the subrogating insurer. This is especially so in cases where the business interruption portion of the loss is significant, since an error in proper quantification of the recoverable portion of the business interruption loss could dramatically change the overall valuation of a case -- both for settlement and trial purposes.
June 26, 2013
PUBLICATIONFlorida Supreme Court Limits Economic Loss Rule to Products Liability Claims
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In an advantageous decision for the subrogation industry, the Florida Supreme Court recently narrowed the scope of the economic loss rule, and limited the rule’s application to only cases involving products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances when the damages incurred are wholly economic, and there is no other property damage or personal injury. Although inexplicably expanded over time, the recent decision curtails the expansive definition and returns Florida’s economic loss rule to its historical roots.