Ryan Hilton

The Federal Aviation Administration (“FAA”) has finalized a new rule that requires remote identification (remote ID) for drones,1 colloquially known as a digital license plate.2 This rule is a new Part 89 in Title 14 of the Code of Federal Aviation Regulations (FAR) that becomes effective on March 16, 2021, which is 60 days after the publication date in the Federal Register. Basically, this ne...

On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve an insurer of its duty to defend in BBG Design Build, LLC v. Southern Owners Insurance Company.1 In the case, the First Amended Complaint alleged that the plaintiff sustained injuries in 2014 when she worked part-time at a domestic resource center that BBG Design Build was...

JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. "RICK" PARKER III, JASON M. SEITZ, J. BLAKE HUNTER, CAROL M. ROONEY, JAMES MICHAEL SHAW, JR. The 2020 Edition of the New Appleman Florida Insurance Law is now available. This book was edited by Partner John Garaffa and co-authored by Partners Sarah Burke, Ryan Hilton, Julius "Rick" Parker III, Carol Rooney, Jason Seitz, James Michael Sh...

This article is originally a publication of DRI's Insurance Law Committee newsletter on November 27, 2019. Legal opinions may vary when based on subtle factual differences. All rights reserved. Drones are becoming more and more ubiquitous. Drones are being used for recreational purposes, business/commercial purposes, and law-enforcement purposes. The United States is experiencing a proliferati...

Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS)—are a transformative technology affecting the recreational and commercial sectors at an accelerating pace.   As the U.S. airspace becomes more crowded with these flying robots, insurers need to stay informed as to the rapidly changing legal landscape as their insureds, and insurers themselves, begin to u...

Join us in congratulating Partner Ryan Hilton for his recognition as a Top Author in his subject area of Airlines and Aviation. JD Supra's 2019 Readers' Choice Awards recognizes top authors for their visibility and thought leadership covering 26 key, cross-industry topics and firms for their engagement in the 26 topics covered by the awards. JD Supra editors chose the 26 main topics covered in ...

The Federal Aviation Authority (“FAA”) Reauthorization Act of 2018 (the “Act”) was signed into law on October 5, 2018, by President Donald Trump.[1] The Act was the first five-year FAA reauthorization since 1982. Such reauthorizations provide the FAA with guaranteed funding for the next five years. The Act contains a plethora of supplementary provisions in addition to the provisions regard...

In the most recent edition of our book, Butler on Drones, we reported that ISO has issued specific exclusions for unmanned aircraft for inclusion into CGL policies, but it was an open question whether a CGL policy’s standard aircraft exclusion already excluded coverage for liability arising from the use of a drone. A California federal district court has now weighed in on the question – the f...

Law enforcement agencies want accountability when it comes to drone flights, especially when those flights are over people. Enabling a drone and its owner/operator to be quickly identified by law enforcement is necessary toward the expansion of the authorized use of drones to include flights over people and beyond the line of sight as well as the safe integration of drones in the National Airspace...

Back on December 21, 2015, the Federal Aviation Administration (FAA) required drone owners to register their drones if their drones weighing more than 0.55 pounds and less than 55 pounds (small drones). The registration was valid for three years.  Basically, anyone who possessed a drone for recreational use had to pay $5.00 to register their drone online with the FAA.  Following that requirement...

The Federal Aviation Administration’s (“FAA’s”) authority to institute airspace restrictions derives from 14 CFR § 99.7, “Special Security Instructions,” which is intended to address national security concerns from the Department of Defense and U.S. Federal security and intelligence agencies.  Effective April 14, 2017, the FAA-designated drone-restricted flight areas around 133 mili...

Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS) – have left no industry unaffected, and the insurance industry is perhaps affected most of all. Unlike manned aircraft, whose risks are largely confined to the industry’s aviation sector, the affordability, versatility, and ubiquity of drones are bringing exposures to sectors of the insurance industry th...

LexisNexis Practice Guide: Florida Insurance Litigation provides the practitioner with immediate access to knowledge and strategy on every aspect of insurance practice in Florida. The publication concisely presents the terms, conditions and exclusions that govern coverage offered against the risks under each line of insurance. This approach provides a comprehensive exploration of key concepts, pol...

Ryan Hilton and James Shaw, Jr., Partners at Butler Weihmuller Katz Craig, were featured in NerdWallet.com’s latest article written by Barbara Marquand, “Drone Insurance: Because of You Will Crash Your Drone.” Be sure to read the article as Hilton and Shaw explain why it is important to check with your insurer about coverage for your drone, and why renters or home insurance doesn’t cover d...

This article originally appeared in Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights reserved. Drones, also known as unmanned aerial vehicles or unmanned aerial systems, can be equipped with cameras, thermal scanners, license plate readers and facial-recognition software. Able to accomplish feats that manned aircraft and even traditional remote-...

This article originally appeared in Claims Management, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when based on subtle factual differences. All rights reserved. Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard.[1]  In the fir...

Unmanned Aircraft Systems - better known as "drones" - are about to change the way most everything is done. The Consumer Electronics Association estimated that there were 700,000 new drone owners in 2015, and 2016 is expected to bring even more. These new drones (and new drone owners) have already begun to bring about transformative changes in several industries, but no industry will be more affec...

This article was originally published in the Winter 2016 edition of Trial Advocate Quarterly. Reprinted with permission. If reported surveys are accurate, Americans are ambivalent about the potential consequences of operating drones in both the public and private sectors; however, mixed feelings do not seem to be slowing the growth in their ownership and use. It seems inevitable that trial courts...

I. Introduction Liability policies typically require the insured to provide prompt notice of a claim or suit. Notice is regarded as a condition precedent to the insurer's duty to defend or indemnify. The notice provisions in a typical liability policy seem straightforward. However, issues surrounding notice become complicated when an additional insured, who is typically not a party to the insuran...

Generally, liability insurers must secure a release of all of their insureds when settling claims against their insureds. However, some courts have recognized circumstances where an insurer may settle for an insured at the exclusion of another while still maintaining its good faith duties toward all of its insureds. Other courts have seemingly rejected the notion that an insurer can ever settle fo...

Liability insurance carriers should be prompt and proactive when they receive a time-limit demand from a claimant. Time is usually not on the carrier's side when it comes to these settlement communications.   Insurance Bad Faith...

Over forty states have hospital lien laws. Those laws typically allow hospitals to recover against parties, including insurers, who impair their liens. In many states, the hospital lien laws do not clearly identify the type and extent of damages a hospital can recover against a party who impairs a hospital lien. The damages a hospital can recover from a party who impairs a lien depends upon the la...

Many cases hold that a liability insurer can settle a claim against its insured without the insured’s consent because the policy language gives an insurer the right to settle even when an insured may not want to settle.1 For the most part, courts in California, Florida, and Louisiana allow insurers to settle claims without the insured’s consent where the policy gives the insurer the right to s...

Some courts have held that faulty workmanship or improper construction is not an "occurrence" because it is not an "accident."2 Other courts have held that defective construction may constitute an "occurrence" when "property damage" results from the "unexpected, unforeseen, or undesigned happening or consequence" of the insured's negligent behavior.3 Yet other courts have held that defective con...

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 25, #5 (June 23, 2011). © 2011   [R. Steven Rawls is a partner and Ryan K. Hilton is a senior associate with the law firm of Butler Weihmuller Katz Craig LLP, which has offices in Tampa, Chicago, Charlotte, Mobile, Tallahassee, and Miami. This commentary expresses the author's op...

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #8 (August 26, 2010). © 2010   [Editor's Note: Steve Rawls is a partner and Ryan K. Hilton is a senior associate with the law firm of Butler Weihmuller Katz Craig LLP in Tampa, Florida. Any commentary or opinions do not reflect the opinions of Butler or Mealey's Publications...

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 23, #12, page 27 (October 22, 2009). © 2009 [Editor's note: Steve Rawls is a partner with the law firm of Butler Weihmuller Katz Craig LLP in Tampa, Florida. He devotes his practice to third party bad faith, liability coverage, and liability defense. Ryan Hilton is a senior associat...

This is one of a series of articles under the by line "Butler on Bad Faith" originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 18, #14, p. 30 (November 16, 2004). © Copyright Butler 2004.    Many jurisdictions have hospital lien laws. These laws ensure payment to hospitals for the beneficial services they provide. Some jurisdictions liberally interpret these laws so...

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 17, #18, p. 18 (January 21, 2004). © Copyright Butler 2004. A liability insurer has a duty to handle and settle claims made against its insured in good faith. Courts have grappled with whether this duty requires an insurer to make a settlem...