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Blog Posts | Defining Occurrence – When Policy Definitions Do Not Apply To All Coverages

Sep 24, 2020 | By John Garaffa

On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated,…

Blog Posts | Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors

Sep 17, 2020 | By Julius “Rick” Parker III

On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC…

Blog Posts | Does the Pollution Exclusion Bar Coverage for Injuries Arising out of Viruses and Bacteria?

Sep 08, 2020 | By Sarah Anderson

In policies without a specific bacteria or virus exclusion, the pollution exclusion may apply to exclude coverage for claims for…

Blog Posts | Amazon: Primed for Trouble?

Sep 04, 2020 | By Scott Hefner

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective…

Blog Posts | Common Sense” Conquers “Creative Pleading,” As The Eleventh Circuit Applies Narrow Exception To Florida’s “Four-Corners” Rule To Prevent Plaintiff From “Pleading Into Coverage”

Jul 28, 2020 | By Ryan Hilton

On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve…

Blog Posts | Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

Jul 23, 2020 | By Scott Katz

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured…

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Blog Posts | To Wait or to Mediate?

Jul 22, 2020

A “Q&A” on Virtual Mediations in First-Party Property Lawsuits Q: Why is mediation used so frequently in insurance lawsuits?  A:…

Blog Posts | Arbitration: An Effective Means To An End During Covid-19

Jul 15, 2020 | By Thomas Burgess, Jr.

These critical times of isolation and social distancing have proved to be difficult on many areas of the economy. The…

Blog Posts | Pretzel Logic: Cheetham V. Southern Oak And Its Ill-Begotten Progeny

Jun 29, 2020 | By Julius “Rick” Parker III

The standard ISO homeowners insurance policy contains an exclusion for damage caused by water which backs up through sewers or…

Blog Posts | Nevada Division Of Insurance Issues Notice To Property And Casualty Insurers Disallowing New Exclusions Related To Covid-19, Viruses, Or Pandemics

Jun 25, 2020 | By Jonathan Barger

ON JUNE 16, 2020, THE NEVADA DIVISION OF INSURANCE (“NVDOI”) ISSUED A NOTICE TO PROPERTY AND CASUALTY INSURERS regarding the…

Blog Posts | Major Appellate Jurisdictional Shifts In Florida: The Effects Are Yet To Be Determined

Jun 22, 2020 | By Mihaela Cabulea

          ON JUNE 20, 2020, THE FLORIDA GOVERNOR SIGNED INTO LAW SENATE BILL 1392, which, among…

Blog Posts | IS AMAZON A SELLER? AN ISSUE PRIMED FOR STATE COURTS

Jun 19, 2020 | By Michael Wolfer

The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website….

Blog Posts | 13 Ways That Covid-19 Will Change The Insurance Industry

Jun 01, 2020 | By Amanda Mezer

AUTOMOBILE INSURANCE 1. Some people will have permanent complications from the Coronavirus1, which will create a new population with pre-existing…

Blog Posts | The Made Whole Rule On The Forefront Of A Whole Lot Of Litigation

May 27, 2020 | By Aaron Jacobs

The Made Whole Rule and the handling of the insured’s deductible and uninsured losses alongside the subrogation claim remain ever-present…

Blog Posts | Can A Post-Suit Civil Remedy Notice Trigger Removal To Federal Court?

May 21, 2020 | By Maxwell Stape

Can an insured’s post-suit Civil Remedy Notice demanding over $75,000 satisfy the amount-in-controversy diversity jurisdiction requirement and trigger the thirty-day…

Blog Posts | North Carolina’s Latest Appraisal Ruling Precludes Appraisal If Any Damages Dispute Exists

May 21, 2020 | By T. Nicholas Goanos

In the last 60 days, COVID-19 has affected us all. Federal and state governments have issued quarantine orders. Schools have…

Blog Posts | Pennsylvania Supreme Court Declines To Automatically Decide Questions Of Insurance Coverage For Covid-19

May 15, 2020 | By Richard Gable Jr., Michael McLaughlin

The Joseph Tambellini Restaurant in Pittsburgh, Pennsylvania recently filed an Emergency Application for Extraordinary Relief to the Pennsylvania Supreme Court…

Blog Posts | It’s A Policy, Not A Payday Loan: The Voluntary Payments Provision Deconstructed

May 13, 2020 | By J. Blake Hunter

From time to time, the issue of whether an insurer has a duty to reimburse a payment made by an…

Blog Posts | Members Only: The Eleventh Circuit Restricts Membership To The “Illusory Coverage” Club To Narrow Set Of Circumstances

May 06, 2020 | By Yonit Rosengarten

The Doctrine of Illusory Coverage is a common law doctrine that Florida courts have confirmed is a part of Florida’s…

Blog Posts | Local Florida Governments have Issued Orders Suggesting Covid-19 caused Property Damage

Apr 15, 2020 | By Matthew Lavisky

DOES THIS MATTER FOR INSURANCE POLICY INTERPRETATION? Florida Governor Ron DeSantis issued an Executive Order declaring a state of emergency…

Blog Posts | Delay in Completion Coverage and the Coronavirus

Apr 13, 2020 | By K. Clark Schirle

States, counties and municipalities have issued “stay at home,” “shelter-in-place,” and other orders relating to COVID-19.  Many orders require the…

Blog Posts | Duke V. Hoch Standard Survives Challenge in Eleventh Circuit

Apr 02, 2020 | By Jessica Stillwell

ELEVENTH CIRCUIT REJECTS MANDATORY INSURER INTERVENTION RULE IN CASES INVOLVING COVERED AND UNCOVERED DAMAGES In a recent decision, QBE Specialty…

Blog Posts | Civil Authority Coverage and the Coronavirus

Mar 18, 2020 | By K. Clark Schirle

WILL ORDERS ISSUED BY GOVERNMENTAL AUTHORITIES TO DEAL WITH THE CORONAVIRUS CRISIS TRIGGER CIVIL AUTHORITY COVERAGE? Governmental authorities across the…

Blog Posts | Passive Negligence and Common Law Indemnity

Mar 16, 2020 | By Pace Mawhinney

BROTHER’S PAINTING & PRESSURE CLEANING CORP. V. CURRY-DIXON CONSTRUCTION, LLC ET AL. 45 Fla. L. Weekly D259b Third District Court…

Blog Posts | Information or Indemnity: Do Certificates of Insurance Grant Insured Status?

Feb 28, 2020 | By Michael Bayern

Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will…

Blog Posts | Taking Interest in the Disinterested: Analyzing State Farm Florida Ins. Co. V. Crispin

Feb 11, 2020

Florida courts continue to refine the roles and limitations of appraisers in Florida property claims.  Florida’s Fifth District Court of…

Blog Posts | Florida Supreme Court Rewrites the Rules

Jan 30, 2020 | By Mihaela Cabulea

FLORIDA SUPREME COURT REWRITES THE RULES, LIFTING RESTRICTIONS ON THE IMMEDIATE APPEAL OF ORDERS DENYING ABSOLUTE, QUALIFIED, OR SOVEREIGN IMMUNITY….

Blog Posts, Court Decisions | Insurer has No Duty to Enter into a Cunningham Agreement or to Agree to a Consent Judgment in Excess of Policy Limits

Jan 23, 2020

Kropilak v. 21st Century Ins. Co., 806 F.3d 1062 (11th Cir. 2015). Significance The court held that Florida law does…

Blog Posts, Court Decisions | District of New Jersey Rejects Waiver of Subrogation in Residential Solar Contract

Jan 23, 2020 | By Michael Wolfer

New Jersey Manufacturers Insurance Group v. Vivint Solar, Inc., 2018 WL 1003745 (D.N.J. 2018) Recently, Judge Sheridan of the District…

Blog Posts, Court Decisions | The Assault and Battery Exclusion and the Duty to Defend a Lawsuit Stemming from a Mass Shooting

Jan 23, 2020 | By Kimberly Ramey, Jessica Stillwell

The Shooting at The Hall Nightclub and Resulting Lawsuits On July 1, 2016, shots were fired inside The Hall nightclub…

Blog Posts, Court Decisions | Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

Jan 23, 2020 | By Geoffrey Waguespack

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District…

Blog Posts, Court Decisions | Breaking: Proposed Amendment to Florida Statutes Creates Right of Contribution for Defense Costs

Jan 23, 2020 | By Kimberly Ramey

The Florida Legislature recently created a new cause of action for contribution among co-primary liability insurers. Under this new law,…

Blog Posts | And You are Not Done; The Future of Products Liability Claims Against Amazon Still Uncertain

Dec 18, 2019 | By Michael Wolfer

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon…

Blog Posts | A Brief Refresher on Appraisal in North Carolina, South Carolina, and Georgia

Nov 19, 2019 | By Roman Harper

INTRODUCTION Most first-party property coverage policies contain an appraisal provision that allows either the insured or the insurer to make…

Blog Posts | “Slow and Steady” or “Fast and Furious”: Repeated Seepage or Leakage Policy Exclusion Prevails

Nov 14, 2019

A recent ruling in a U.S. District Court in Missouri may suggest a new path for policy exclusions based on…

Blog Posts | Seeing May Soon be Believing: The Possible Expansion of Summary Judgment in Florida with Respect to Dash Camera Footage

Oct 29, 2019 | By Abraham Mohammad Shakfeh

Many transportation companies use dash cameras for purposes of defending against actions for liability. However, recently in Lopez v. Wilsonart, LLC,…

Blog Posts | The Evolving Limitations on Appraisers in Florida: Analyzing State Farm Florida Ins. Co. v. Sanders

Aug 13, 2019

Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect…

Blog Posts | Phenomenon or Pandemic: Pondering the Potential Legal Implications of the E-scooter Craze

Jul 19, 2019 | By William Linero Jr.

On July 12, 2019, YouTube celebrity Emily Hartridge died from injuries she sustained in a collision between an electric scooter…

Blog Posts | Amazon is subject to liability as “Seller,” rules the Third Circuit

Jul 08, 2019 | By Michael Wolfer

In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth…

Blog Posts | Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

Jun 14, 2019 | By William Linero Jr.

On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim…

Blog Posts | Should Amazon be Liable for Products Sold in its Marketplace?

May 30, 2019 | By Michael Wolfer

Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued…

Blog Posts | The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

May 29, 2019 | By J. Blake Hunter

Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir….

Blog Posts | Know Your Lease: Florida’s 3rd District Revisits Subrogation in the Context of Landlord/Tenant Leases

Apr 29, 2019 | By Thomas Burgess, Jr.

Historically, a tenant who pays towards its landlord’s insurance premiums, pursuant to the terms of the lease, is generally considered…

Blog Posts, Court Decisions | Encouraging Proposals for Settlement in Florida: Old Dominion Ins. Co. v. Tipton

Apr 26, 2019

The topic of proposals for settlement in Florida is a dynamic one. Florida courts continue to shape and refine the…

Blog Posts | Breaking News! Florida AOB Reform Explained

Apr 26, 2019 | By Timothy Engelbrecht

The Florida Legislature just passed a bill that makes significant changes to the assignment of benefits (“AOB”) process in Florida….

Blog Posts | Notre Dame and Handling Tragic Losses

Apr 17, 2019 | By Michael Wolfer

Imagine you just received an email with the subject line “New Assignment – April 15, 2019 loss – Paris, France.”…

Blog Posts | Unsuccessfully Using Requests for Admissions as a Sword for Attorney’s Fees

Apr 15, 2019 | By J. Blake Hunter

As a defense attorney practicing in the areas of auto accidents, premises liability, and products liability cases, I observe plaintiff’s…

Blog Posts | Pennsylvania court rules insurer may still be responsible to pay RCV even if repairs never completed.

Mar 07, 2019 | By Michael McLaughlin

In situations where a property insurer denies coverage, the insured often complains that it is faced with a difficult dilemma…

Blog Posts | The Markovits Decision: Considerations and Implications

Feb 26, 2019

Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement,…

Blog Posts | Not Off the Hook…Trouble in Paradise for Puerto Rico Insurers

Feb 21, 2019 | By Thais Passerieu

Recent legislative and judicial developments in Puerto Rico may very well have revived thousands of claims that insurers believed to…

Blog Posts | Diversity For Jurisdictional Purposes In Federal Litigation

Feb 18, 2019 | By Aaron Jacobs

Recently, I was speaking with a client, and we were discussing some of the unique issues subrogation professionals face on…

Blog Posts, Court Decisions | Lots of Cold Feelings in Pipe Freeze Claims

Feb 12, 2019 | By Michael Wolfer

A recent Pennsylvania decision highlights the difficulties and critical issues associated with identifying potentially liable parties in pipe freeze cases….

Blog Posts | Introducing the New Florida Supreme Court (from an Insurance Perspective)

Jan 25, 2019 | By Matthew Lavisky

Ron DeSantis, the newly sworn Governor of the State of Florida, was given a unique opportunity to remake the Florida…

Blog Posts | The Federal Aviation Authority Reauthorization Act of 2018 and Its Effect on Drones

Jan 15, 2019 | By Ryan Hilton, James Michael Shaw , Jr.

The Federal Aviation Authority (“FAA”) Reauthorization Act of 2018 (the “Act”) was signed into law on October 5, 2018, by…

Blog Posts | Checking the Vitals of Hospital Liens

Jan 14, 2019 | By S. Cristina Perez

Claims adjusters, plaintiffs’ attorneys and defense attorneys all deal with the headaches of hospital liens. And recent case law and…

Blog Posts | Offerors relax! Offerees take note! The technical requirements of rule 2.516 do not apply to proposals for settlement

Jan 07, 2019 | By Mihaela Cabulea

The Florida Supreme Court in Wheaton v. Wheaton, No. SC17-716, 2019 WL 99109 (Fla. Jan.4, 2019), resolved the district split on…

Blog Posts | Drone Accident Excluded Under CGL Policy’s Aircraft Exclusion

Dec 14, 2018 | By Ryan Hilton, James Michael Shaw , Jr.

In the most recent edition of our book, Butler on Drones, we reported that ISO has issued specific exclusions for unmanned…

Blog Posts | Florida Supreme Court gives green light to insurers to take immediate appeals of rulings that find no settlement reached

Oct 25, 2018 | By Anthony Russo

Attention liability insurers and their counsel – the Florida Supreme Court has given the green light to immediate appeals of…

Blog Posts | Recent Federal Court Decision May Alter the Reservation of Rights Landscape in South Carolina

Oct 10, 2018 | By T. Nicholas Goanos

The Current Precedent: Harleysville Group Insurance v. Heritage Communities, Inc. Only 15 months ago, in Harleysville Group Insurance v. Heritage Communities, Inc.,…

Blog Posts | Hurricane Florence: Civil Authority and Ingress/Egress Coverage

Sep 19, 2018 | By K. Clark Schirle

The hurricane may trigger civil authority or ingress/egress coverage for businesses that are not directly damaged but lose income because they…

Blog Posts | Hurricane Florence is aiming for the Carolinas

Sep 10, 2018 | By T. Nicholas Goanos, L. Andrew Watson

Hurricane Florence is rapidly intensifying into a major hurricane and is expected to make landfall later this week in North…

Blog Posts | Full Consent to Assignments

Sep 06, 2018 | By William Collum

Because there can be more than one individual or entity that holds an interest in the property, a property insurance…

Blog Posts | Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases

Aug 16, 2018 | By Matthew Lavisky

Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for…

Blog Posts | This offer expires in 30 days! No automatic extensions says high court

May 21, 2018 | By Anthony Russo

The time to respond to a proposal for settlement can no longer be tolled by filing a motion to enlarge…

Blog Posts | Who Really Owns that Mitigation Company? Pennsylvania and New York Law Says it Matters if It’s the Public Adjuster

Apr 18, 2018 | By Michael McLaughlin

It is not unusual for an insurance adjuster to arrive at a new loss to find that the insured has…

Blog Posts | Florida Court Rules Against Insurer on Seepage/Leakage Exclusion

Feb 23, 2018 | By Timothy Engelbrecht

Florida first-party property insurers have seen a dramatic rise in the number of reported water loss claims over the past…

Blog Posts | Butler Wins Dismissal of a First-Party Bad Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

Jan 22, 2018 | By J. Pablo Cáceres

In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the…

Blog Posts | Eighty Years After Earhart: Congress Moves to Motivate and Facilitate Women In Aviation

Jan 18, 2018

The aviation industry is in dire need of a future workforce. This industry is already suffering from a shortage of…

Blog Posts | AOB Reform Bill Passes Florida House, Senate Future Uncertain

Jan 16, 2018 | By Timothy Engelbrecht

On January 12, 2018, the Florida House of Representatives passed a bill (HB 7015) that would dramatically affect the way…

Blog Posts | All Insurance Adjuster Offices Now Need a Head Honcho!: Florida Legislature Addresses Adjusting and Public Adjusting Firms

Jan 08, 2018 | By W. Douglas Berry

Florida House Bill 911, “An Act Relating to Insurance Adjusters” became law on January 1, 2018. In large part, the…

Blog Posts | FAA Releases Drone Identification and Tracking Report that the FAA Will Consider in Drafting its Final Rule on In-Flight Drone Accountability

Jan 05, 2018 | By Ryan Hilton

Law enforcement agencies want accountability when it comes to drone flights, especially when those flights are over people. Enabling a…

Blog Posts | Recreational Drone Registration Requirement Has Returned

Jan 05, 2018 | By Ryan Hilton

Back on December 21, 2015, the Federal Aviation Administration (FAA) required drone owners to register their drones if their drones…

Blog Posts | Drone Restrictions Over Certain Military Bases, Landmarks, and Department of Energy Facilities

Jan 04, 2018 | By Ryan Hilton

The Federal Aviation Administration’s (“FAA’s”) authority to institute airspace restrictions derives from 14 CFR § 99.7, “Special Security Instructions,” which…

Blog Posts | Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

Dec 15, 2017 | By Matthew Lavisky

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court…

Blog Posts | Don’t Wreck Your Carmack Claim: Requirements for the Written Notice of Claim

Nov 09, 2017 | By Scott Hefner

Carmack claims are unique animals. Carmack provides a shipper—or its subrogating insurance company—with the sole remedy for damages sustained when goods…

Blog Posts | Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Nov 06, 2017 | By Hudson Jones

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible…

Blog Posts, Court Decisions | Lee Memorial Health System V. Progressive Select Insurance Company

Oct 25, 2017 | By Joshua Golembe

Facts The case arises from an automobile accident when Ruben Gallegos was struck by a car and injured. Mr. Gallegos…

Blog Posts | Federal Judge finds post loss assignment of benefits proper under Pennsylvania law

Oct 24, 2017 | By Richard Gable Jr.

In a recent opinion, Judge Schmehl of the Eastern District of Pennsylvania denied a forced placed insurer’s Motion to Dismiss…

Blog Posts | Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Oct 19, 2017 | By Michael Montgomery

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as…

Blog Posts | Pennsylvania’s Highest Court Clarifies the Elements of a Statutory Bad Faith Cause of Action

Oct 05, 2017 | By Michael McLaughlin

For the first time, the Pennsylvania Supreme Court, the highest court in the state, enunciated the elements of a bad…

Blog Posts | A Primer on Florida’s “25 Percent Rule” for Roof Repair/Replacement

Sep 25, 2017 | By J. Pablo Cáceres

The 2014 Florida Existing Building Code (the “Code”) contains what is conventionally called the “25 percent rule” (the “Rule”). The Rule…

Blog Posts | The Rule of Sevens: Evaluating Claims Involving a Child

Sep 21, 2017 | By Zachary Jett

As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the…

Blog Posts | Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

Sep 19, 2017 | By Jason Lowe

In the event of inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the…

Blog Posts | Handling Assignment of Benefit (“AOB”) Claims in the Wake of Hurricanes Irma and Harvey

Sep 12, 2017 | By Timothy Engelbrecht, T. Nicholas Goanos, L. Andrew Watson

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and…

Blog Posts | Important Reminders for Adjusting Hurricane Claims

Sep 08, 2017 | By John Garaffa

The number of claims arising from a significant wind event such as Hurricane Irma can create intense time pressure on…

Blog Posts | Hurricane Irma Policy Laws by State

Sep 07, 2017 | By John Garaffa

This weekend Hurricane Irma, a Category 5 Hurricane, is expected to subject South Florida to potentially catastrophic wind, rain and…

Blog Posts | Hurricane Hindsight is 20/20

Sep 01, 2017 | By J. Pablo Cáceres

It took years of depositions and other discovery to realize that that most of my 2004-2005 hurricane condominium association claims were…

Blog Posts | The Common Interest Doctrine: Maintaining Confidentiality

Aug 29, 2017 | By Jason Lowe

While confidentiality is usually destroyed when communications between an attorney and client take place in the presence of a third…

Blog Posts | “It’s Not Old, It’s A Classic!”: Risk in Aging Aircraft with GARA Protecting Manufacturers

Aug 23, 2017

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in…

Blog Posts | Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read The Construction Contract More Closely

Aug 21, 2017

Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute…

Blog Posts | The ABC’s of ACV in Subrogation Claims

Aug 15, 2017 | By Aaron Jacobs

Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the…

Blog Posts | Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed

Aug 08, 2017 | By T. Nicholas Goanos

For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith”…

Blog Posts | Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.

Aug 04, 2017 | By Anthony Russo

Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do…

Blog Posts | The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

Jul 26, 2017 | By Anthony Russo

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr….

Blog Posts | That Sinking Feeling: Sinkholes, Florida Law, and Some Questions Raised by The Recent Collapse in Land O’ Lakes

Jul 25, 2017 | By John Garaffa, Jason Seitz

The recent catastrophic ground cover collapse in Land O’Lakes attributed to a sinkhole highlights the unique aspects of Florida geology…

Blog Posts | Subrogation Following a Hurricane is All Hands on Deck

Jul 18, 2017 | By Matthew Peaire

Hurricane season began June 1st, and runs through November 30th. However, we are about 30 days from approaching the peak…

Blog Posts | The Innocent Co-Insured: Underestimating Definite and Indefinite Articles

Jul 17, 2017

I begin this with the following caveat for all my grammar gurus out there: I understand that the word “any”…

Blog Posts | New Laws passed in Florida and Oregon add to Varying State Drone Regulations

Jul 14, 2017

Florida and Oregon have both recently changed their Unmanned Aircraft Systems “UAS” (or “drone”) regulations, joining the vast majority of…

Blog Posts | Ransomware is taking the world by storm; does insurance respond?

Jul 13, 2017 | By John Garaffa, K. Clark Schirle

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more…

Blog Posts | Earth Movement: “Any” Means Any; Home-Owners Insurance Company v. Dominic F. Andriacchi (Michigan Court of Appeals)

Jul 05, 2017 | By K. Clark Schirle

Property policies typically include an exclusion for loss caused by or resulting from earth movement. Some insurers will provide coverage…

Blog Posts | Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review

Jun 22, 2017

Background: For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in…

Blog Posts | Florida’s Third District Court of Appeals provides a warning with negligent procurement action.

Jun 20, 2017

In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017),…

Blog Posts | The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers

May 24, 2017 | By Tracy Jurgus, James Michael Shaw , Jr.

Model-aircraft hobbyist John Taylor didn’t want to register his model aircraft with the FAA pursuant to the newly created drone…

Blog Posts | Insurance Proceeds Payable to Tenant Diverted to Pay for Property Owner’s Back Taxes

May 19, 2017 | By Michael McLaughlin

The Third Circuit Court of Appeals sitting in Pennsylvania recently issued a precedential decision that interpreted the definition of a…

Blog Posts | Supreme Court says lawyer’s referral of client to a doctor for treatment is attorney-client privileged communication, and out of bounds in discovery

Apr 14, 2017 | By Anthony Russo

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose…

Blog Posts | The Answers to Some of Your Questions About What Airlines Can Do When a Flight is Overbooked and Someone Is Going to Have to Get Off of the Plane

Apr 13, 2017 | By James Michael Shaw , Jr.

Suddenly, the entire world is interested in learning about the laws governing airlines’ actions when a flight is overbooked. It…

Blog Posts | A Federal Court in Kentucky Shoots Down Drone Airspace Case

Apr 05, 2017

The Western District of Kentucky recently granted a motion to dismiss for lack of subject matter jurisdiction, determining that there…

Blog Posts | Florida Supreme Court To Consider Rule Change Allowing Immediate Review Of Orders On Settlement Agreements

Apr 03, 2017 | By Anthony Russo

The Florida Bar Appellate Rules Committee has proposed to the Florida Supreme Court an amendment to the appellate rules that…

Blog Posts, Court Decisions | District Judge in New Jersey Rules Waiver of Subrogation Provision in Residential Lease Is Unenforceable

Mar 22, 2017 | By Michael Wolfer

Allstate New Jersey Insurance Company v. AvalonBay Communities, Inc., Case No. 16—5441, 2017 WL 1095473 (D.N.J. March 22, 2017). Background…

Blog Posts | Pennsylvania Superior Court adopts narrow interpretations of surface water exclusion and ensuing loss clause

Mar 21, 2017 | By Richard Gable Jr.

In the Ridgewood Group LLC v Millers Capital Insurance Company, No. 1138 EDA 2016, February 27, 2017, the Superior Court of…

Blog Posts | 2017 Florida State Legislature to Consider Bills Aimed at Assignments of Benefits, Water Losses, Appraisers, and Umpires

Mar 14, 2017

The 2017 Florida Legislative Session convened on March 7. Of particular interest to property insurers are the following bills, which…

Blog Posts | Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Mar 07, 2017 | By Hudson Jones

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It…

Blog Posts, Court Decisions | Eleventh Circuit Challenges Diversity Jurisdiction and Vacates Summary Judgment

Mar 02, 2017

Thermoset Corporation v. Building Materials Corp. of America, No. 15—13942, 2017 WL 816224 (11th Cir. March 2, 2017) Significance This case…

Blog Posts | New Medicare Conditional Payment Case: Federal Court Requires Cms to Perform Surgery on its Primary Plan Reimbusement Demands

Feb 27, 2017

Doctors often treat Medicare beneficiaries for accident-related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare)…

Blog Posts, Court Decisions | Florida Third Dca Finds No Irreparable Harm Justifying Certiorari in Action Abated to Allow Insurer to Proceed on its Election to Repair

Feb 22, 2017

Hernandez v. Florida Peninsula Insurance Company, No 3D16—415, 2017 WL 697727 (Fla. 3d DCA Feb. 22, 2017) Summary The insureds…

Blog Posts | Supreme Court speaks on Daubert – says not much

Feb 21, 2017 | By Anthony Russo

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert…

Blog Posts | Surplus Insurers, Too, Can Rely on the Application to Interpret Policy

Feb 16, 2017 | By Fay Ryan

Section 627.419 of the Florida Statutes provides that “[e]very insurance contract shall be construed according to the entirety of its…

Blog Posts, Court Decisions | Florida Court Reverses Order Compelling Appraisal on 11-year-old Hurricane Wilma Claim for Failure to Comply with all Post-loss Conditions

Feb 15, 2017

State Farm Florida Insurance Company v. Fernandez, No. 3D16—1441, 2017 WL 621247 (Feb. 15, 2017) Significance The Third DCA held…

Blog Posts | Safeguarding Every Veteran’s Benefits: Lessons from Bruce V. Mcdonald, 2017 Wl 57172

Jan 18, 2017 | By John Garaffa

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration…

Blog Posts | What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Jan 11, 2017 | By Timothy Engelbrecht, T. Nicholas Goanos

Insurance coverage litigation today is often time-consuming and expensive. Many cases include claims for “bad faith” damages, and some cases…

Blog Posts | Trial Court Slips and Falls in Granting Motion for New Trial

Dec 06, 2016

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial…

Blog Posts | Johnson v. Omega Ins. Co.

Nov 22, 2016 | By Anthony Russo

Johnson v. Omega Ins. Co., 2016 WL 5477795 (Fla. Sept. 29, 2016) The Florida Supreme Court’s opinion in Johnson v. Omega…

Blog Posts, Court Decisions | Florida Supreme Court Strengthens use of Proposals for Settlement by Plaintiffs Seeking Attorney Fees Against Defendants with Joint and Several Liability

Nov 03, 2016 | By Brian Webb

Anderson v. Hilton Hotels Corp., Case No. SC15—124, 2016 WL 6538663 (Fla. Nov. 3, 2016). Significance The Florida Supreme Court…

Blog Posts | Southern District Refuses to Remand Unremovable Case

Nov 02, 2016 | By Julius “Rick” Parker III

On September 21, 2016, a District Judge in the Southern District of Florida denied a plaintiff’s motion to remand a…

Blog Posts, Court Decisions | Florida Supreme Court Relaxes Strict Construction for Proposals for Settlement

Oct 20, 2016

Kuhajda v. Borden Dairy Co. of Ala., LLC, No. SC15—1682 (Fla. Oct. 20, 2016) In an opinion by Justice Canady,…

Blog Posts | Understanding How Insurance Policy Conditions Apply When There is an Assignment of Benefits

Oct 20, 2016 | By Timothy Engelbrecht

Florida first-party property insurers have seen a dramatic rise in assigned insurance claims. In the typical scenario, an insured assigns…

Blog Posts | Eleventh Circuit Finds Mere Existence Of Insurance Contract Satisfies Condition Precedent To Action For Double Damages Under The Medicare Secondary Payer Act

Oct 06, 2016

The Eleventh Circuit Court of Appeals recently held that a private insurance company/PART C Medicare Advantage Organization (MAO) may sue…

Blog Posts | A “Top Ten” List for Handling Condominium Association Claims

Oct 06, 2016 | By J. Pablo Cáceres

Condominium association property claims can be contentious and confusing. Large condominium buildings often are the subject of multi-million dollar insurance…

Blog Posts | Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

Oct 05, 2016 | By Kathy Maus, Julius “Rick” Parker III

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter…

Blog Posts | A Synergistic Team: How to Help Us Help You

Aug 22, 2016

Making the rounds lately have been a number of articles and “Top 10” lists on how outside counsel can provide…

Blog Posts | Front Pay & Back Pay: How About No Pay?

Aug 04, 2016 | By Eric Zivitz

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job…

Blog Posts | Second DCA Reaffirms Sinkhole Insurers’ Contractual Right to Withhold Payment for Subsurface Repairs Until the Policyholder Presents a Signed Contract for Those Repairs

Aug 01, 2016 | By Anthony Russo

Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the…

Blog Posts | Second DCA Reaffirms Orders Allowing Assignment of Homeowners’ Insurance Claims to AOB Companies

Jul 25, 2016 | By Anthony Russo

In Start to Finish Restoration LLC v. Homeowner’s Choice Property & Cas. Ins. Co., 2D15-2206 (Fla. 2d DCA June 10, 2016),…

Blog Posts | Second DCA Refuses to Allow Insurer to Obtain Settlement Information from Settling Co-Defendant

Jul 18, 2016 | By Anthony Russo

In Allen v. State Farm Florida Ins. Co., 2D15-3114 (Fla. 2d DCA June 10, 2016), a sinkhole plaintiff sued two insurers…

Blog Posts | A Look at an Insured’s Post-Loss Duty to Cooperate: Exactly How Much Cooperation is Necessary?

Jul 07, 2016

The Eleventh Circuit Court of Appeals reaffirmed that an insurer is entitled to summary judgment when its insured fails to…

Blog Posts, Court Decisions | Homeowners’ Pre-loss Subrogation Waiver Upheld

Jul 01, 2016

Allstate Insurance Company v. ADT, LLC, formerly known as Brinks Home Security, Inc. and/or Broadview Home Security, Inc., No. 1:15—cv—517, 2016 WL…

Blog Posts | Treading Water: Florida Office of the Insurance Consumer Advocate Holds Forum on Florida’s Ongoing Water Loss Crisis

Jun 24, 2016

On June 14, 2016, the Department of Financial Services Consumer Advocate held a public forum in Boca Raton called, “Troubled…

Blog Posts | Proposals For Settlement Must Strictly Follow the Rules

Jun 07, 2016

A recent Fourth District Court of Appeals case invalidated proposals for settlement for a technical foul. The source of the…

Blog Posts | Ochoa v. Koppel

May 20, 2016 | By Anthony Russo

The Second District Court of Appeal, on May 20, issued a ruling that the filing of a motion to enlarge…

Blog Posts, Court Decisions | Tennessee’s Economic Loss Rule Still Applies Only to Purely Economic Losses

May 06, 2016 | By Zachary Jett

SPO GO Holdings, Inc., v. W&O Construction Company, Inc., and the City of Spring Hill, Tennessee, 2016 WL 2607005 Please…

Blog Posts | Court Addresses AOBs and Standing to Sue

Apr 26, 2016 | By Timothy Engelbrecht

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit (“AOB”) litigation that…

Blog Posts | In North Carolina, Impleading the Claimant Isn’t Always Necessary in a Third Party Coverage Action

Apr 14, 2016 | By T. Nicholas Goanos

The Bottom Line Up Front A recent decision by a U.S. District Court in North Carolina, applying North Carolina law,…

Blog Posts | Have You Looked at Your Product Manual Lately?

Apr 04, 2016

Product manuals are routinely offered into evidence at product liability trials. Manuals may be introduced by the plaintiff to demonstrate…

Blog Posts | Southern District Applies Fridman v. Safeco to Preclude Bifurcation

Apr 01, 2016 | By Julius “Rick” Parker III

Following the issuance of the Supreme Court’s decision in Fridman v. Safeco, the Southern District of Florida had occasion to consider…

Blog Posts | Insured is Entitled to a Determination of Liability and Damages in a UIM Case Despite the Insurer’s Confession of Judgment

Mar 31, 2016 | By Julius “Rick” Parker III

The Florida Supreme Court recently resolved a conflict among Florida’s lower state and federal courts regarding an insured’s right to…

Blog Posts, Court Decisions | Payment of an appraisal award is not necessarily a confession of judgment as a matter of law

Mar 23, 2016

State Farm Florida Ins. Co. v. Lime Bay Condo., Inc., No. 4D13—4802, 2016 WL 1128489 (Fla. 4th DCA Mar. 23,…

Blog Posts | Court Addresses AOBs and Appraisal

Mar 23, 2016 | By Timothy Engelbrecht

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit (“AOB”) litigation that…

Blog Posts | Middle District Denies Remand in Removed Uim Case

Feb 26, 2016 | By Julius “Rick” Parker III

On January 22, 2016, Judge Gregory Presnell of the Middle District of Florida entered an order denying Plaintiff’s Motion to…

Blog Posts | Drone Wars: Will The Litigation Awaken?

Feb 16, 2016

Recent lawsuits in California and Kentucky have involved claims by drone owners against neighbors for shooting down drones flying over…

Blog Posts | Court Reverses Judgment for Insurer Invalidating AOB

Feb 10, 2016 | By Timothy Engelbrecht

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit (“AOB”) litigation that…

Blog Posts, Court Decisions | The Owner of an Insured Commercial Vehicle may Recover Loss-of-use Damages When that Vehicle is Rendered a Total Loss

Feb 02, 2016

J & D Towing, LLC v. Am. Alternative Ins. Corp., 59 Tex. Sup. Ct. J. 214 (Tex. 2016) Significance The…

Blog Posts | Court Affirms Judgment for Insurer Invalidating AOB

Jan 28, 2016 | By Timothy Engelbrecht

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit (“AOB”) litigation that…

Blog Posts | An Introduction to the Butler Specialty Trial Team

Jan 13, 2016 | By Scott Frank

Since our inception in 1979, one thing has become abundantly clear: Whenever a case must go to trial, achieving a…

Blog Posts, Court Decisions | District of South Carolina Addresses Vagueness of General Verdict and Bad Faith Allegation for Failure to Warn Insured

Dec 17, 2015

District of South Carolina Addresses Vagueness of General Verdict and Bad Faith Allegation for Failure to Warn Insured When facing…

Blog Posts | Courts are for Coverage; Appraisals are for Amount

Dec 10, 2015

When insurers dispute coverage, rather than the amount of loss, a court is an appropriate decision-maker to resolve the coverage…

Blog Posts | The Emperor’s New Claims

Dec 08, 2015

An insurer has no duty to defend a Complaint that fails to state a cause of action as a matter…

Blog Posts | West Virginia Supreme Court Allows Landlord’s Subrogation against Tenant

Nov 16, 2015 | By Dean Rauchwerger

The West Virginia Supreme Court of Appeals recently opened the door further for a landlord’s insurer subrogating against a tenant…

Blog Posts | What the Second District Giveth, The Supreme Court Taketh Away

Nov 02, 2015

Florida Supreme Court rules that evidence of future Medicare or Medicaid benefits is not admissible as an exception to the…

Blog Posts | When Revenge Is Not So “Sweet”: The Wages of “Revenge Porn” under Florida’s New Cyber Harassment Statute

Oct 28, 2015 | By John Garaffa

The internet has proven to be a boon for commerce and, sadly, yet another vehicle for some to lash out…

Blog Posts | Florida’s 4th DCA Enforces Limit on Expert Discovery

Oct 22, 2015

Inconsistencies between the defense expert’s interrogatory answers and his deposition testimony regarding the percentage of income the doctor derived from…

Blog Posts | What to do with racist employees?

Oct 21, 2015

Based on my experience dealing with employers and sharing war stories with fellow employment lawyers, I think it’s fair to…

Blog Posts | Married to the Church: Potential Implications of Obergefell in the Context of Religious Discrimination

Oct 15, 2015

The Supreme Court’s recent decision in Obergefell v. Hodges[1] may have far-reaching implications in the world of religious organizations opposed to…

Blog Posts | Unprotected: Florida Appellate Court Holds Protective Safeguard Condition Is Not A Condition Precedent To Coverage

Sep 28, 2015

A Florida appellate court recently held that the breach of a protective safeguard condition did not automatically suspend coverage. Depositors…

Blog Posts, Court Decisions | Policyholder Bears the Burden of Proving Efficient Proximate Cause and Ensuing Loss Under an All-risks Policy

Sep 25, 2015

Peek v. Am. Integrity Ins. Co. of Fla., No. 2D14—780, 2015 WL 5616294 (Fla. 2d DCA Sept. 25, 2015). SIGNIFICANCE…

Blog Posts | Business Interruption Losses: The Interruption Must Be Caused By The Insured Physical Damage

Sep 16, 2015 | By K. Clark Schirle

Business interruption insurance is designed to compensate an insured for its actual business interruption losses resulting directly from physical damage…

Blog Posts | NJ: Insurers Still On The Hook To Pay Innocent Parties Under Fraudulent Policies

Sep 08, 2015

New Jersey’s Supreme Court recently held that an innocent third party can recover under an insurance policy procured by fraud…

Blog Posts | La. Federal District Court Greatly Expands the Duty to Preserve in Response to a Litigation Hold Notice

Aug 27, 2015 | By Michael McLaughlin

A recent decision from the Western District of Louisiana raises new questions as to the traditional protocols followed in preserving…

Blog Posts | Insurers Don’t Sleep on Your Rights: Insurer’s Motion to Intervene Denied as Untimely

Aug 11, 2015 | By Richard Gable Jr.

A federal court judge recently denied a liability insurer’s request to intervene in a suit involving its insured for the…

Blog Posts, Court Decisions | Middle District says j(5) exclusion doesn’t apply if the operation the insured was performing at the time of the accident was monitoring to prevent damage

Aug 10, 2015

Essex Ins. Co. v. Kart Const., Inc., No. 8:14—CV—356—T—23, 2015 WL 4730540 (M.D. Fla. Aug. 10, 2015) In Kart, the insured sought…

Blog Posts, Court Decisions | No short-cuts: Southern District rejects rigid rule concerning “last act necessary to execute the contract” under lex loci contractus

Aug 05, 2015

Sun Capital Partners, Inc. v. Twin City Fire Ins. Co., Inc., No. 12—CV—81397—KAM, 2015 WL 4648617 (S.D. Fla. Aug. 5,…

Blog Posts, Court Decisions | Insurer Must Show It Has Been Prejudiced By Insured’s Breach of Protective Safeguard Condition

Jul 24, 2015

Depositors Ins. Co. v. CC & C of Lake Mary, LLC, No. 5D14—2206, 2015 WL 4486563 (Fla. 5th DCA July…

Blog Posts | Litigation Benefits to Manufacturers of Tracking Accidents

Jul 22, 2015

Diligent, proactive tracking of accidents or product failures resulting in personal injury can provide significant benefits to manufacturers in defending…

Blog Posts | Unmasking Anonymous Internet Commenters: Washington State Latest Jurisdiction to Set Standard

Jul 21, 2015

Look at any website that permits the public to post comments, and you are likely to see derogatory commentary posted…

Blog Posts, Court Decisions | The South Carolina Supreme Court Holds that Assignments of Legal Malpractice Claims between Adversaries in Litigation are Void as Against Public Policy

Jul 15, 2015

Skipper v. ACE Property and Cas. Ins. Co., No. 2014—001979, 2015 WL 4269817 (S.C. July 15, 2015) Background A husband and…

Blog Posts, Court Decisions | Insured Homeowner must Comply with all Post-Loss Obligations before Invoking the Appraisal Provision

Jun 17, 2015

State Farm Florida Ins. Co. v. Hernandez, No. 3D13—2263, 2015 WL 3757773 (Fla. 3d DCA June 17, 2015) Significance The…

Blog Posts | Judge: No Data Breach Negligence In PA

Jun 12, 2015

A trial judge in Pennsylvania recently dismissed a class-action suit by more than 60,000 health system employees against their employer…

Blog Posts | Post-Complaint Communications by Insurer’s Employees Protected from Discovery in Bad Faith Litigation

Jun 10, 2015 | By Michael McLaughlin

A federal district court held that insurance company employees’ mental impressions recorded after the filing of a complaint constitute protected…

Blog Posts, Court Decisions | 558 notice does not trigger duty to defend where policy obligates insurer to defend “suits”

Jun 04, 2015

Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13—80831-CIV, 2015 WL 3539755 (S.D. Fla. June 4, 2015)…

Blog Posts | Southern District of Florida Awards Duplicate Medicare Lien Payment

Jun 04, 2015 | By Ryan Garrett

In a puzzling decision on the resolution of Medicare liens entered on March 16, 2015, the United States District Court…

Blog Posts | The Florida Supreme Court Endorses Citizens’ Immunity

Jun 02, 2015 | By Anthony Russo

On May 14, 2015, the Supreme Court of Florida handed down an important victory to Citizens Property Insurance Corporation. The…

Blog Posts | Can an Insured Sue His Adjuster When the Insured is Injured Cleaning Debris, Because the Adjuster Incorrectly Denied Coverage for Debris Removal?

Apr 09, 2015

Imagine a gigantic tree limb weighing over 7,000 lbs falling onto your home. You dutifully call your insurance company to…

Blog Posts | Fourth Circuit Sets Stage For Interpreting Contingent Business Interruption

Apr 08, 2015

The Fourth Circuit of Appeals recently construed policy language regarding coverage for contingent business interruption (“CBI”) in a case that…

Blog Posts | It’s a “Storm Surge” — not a “Flood”!

Apr 06, 2015

A New Jersey trial court held this week that storm surge from Superstorm Sandy was not included in a policy’s…

Blog Posts | The Implications of Another Final Four: Northwestern Football, the NCAA, the NLRB & The College Athletes Players Association

Apr 06, 2015

It’s that time of year, again, when we have all been whipped into a frenzy over Cinderella tales, upsets, and…

Blog Posts | “Physical” Damage Without Any Tangible Change – New Jersey Federal Court Continues the Expansion of “Physical” Loss or Damage

Mar 05, 2015 | By Michael McLaughlin

New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New…

Blog Posts, Court Decisions | Structural Damage’ Means ‘Damage That Impairs the Structural Integrity of the Building’

Feb 27, 2015

Hegel v. The First Liberty Insurance Corporation, No. 14—10549, 2015 WL 821146 (11th Cir. Feb. 27, 2015) Significance The Eleventh…

Blog Posts | The Case of the Millennial Juror

Feb 25, 2015

Reprinted from DRI Labor & Employment Law Blog As Employment Litigators, we are always mindful of the varied perspectives, cultural…

Blog Posts | Section 230 of Communications Decency ActMay Not Provide Safe Harbor from State Criminal Law for Website Operators

Feb 23, 2015

Website operators beware: There are limitations on the immunity offered under federal law for offensive content posted by others. Recently,…

Blog Posts, Court Decisions | Water Exclusion Bars Coverage for Damage to Pool Deck Resulting from Subsurface Water Pressure

Feb 13, 2015

Liberty Mutual Fire Insurance Company v. Martinez, No. 5D13—2683, 2015 WL 585550 (Fla. 5th DCA February 13, 2015) Significance Damage…

Blog Posts, Court Decisions | Summary Judgment Appropriate in Late Notice Case

Feb 11, 2015

Marbella Condominium Association Inc. v. Citizens Property Insurance Corporation, No. 3D14—1336, 2015 WL 557202 (Fla. 3d DCA Feb. 11, 2015)…

Blog Posts | Does Florida’s statutory duty to disclose insurance information apply to out-of-state policies?

Feb 10, 2015 | By Fay Ryan

One of the most common questions I get from insurers of out-of-state policyholders is whether they are required to honor…

Blog Posts | The Season of Giving: Pennsylvania Supreme Court Finds Bad Faith Claims to be Assignable

Jan 20, 2015 | By Richard Gable Jr.

Rejecting the holdings of two recent decisions by the Eastern District of Pennsylvania, the Supreme Court of Pennsylvania held in…

Blog Posts | New Jersey Judges Not Permitted to Speak Ex Parte with Jurors

Jan 15, 2015

On December 23, 2014, the New Jersey Supreme Court held that New Jersey state court judges are not permitted to…

Blog Posts | Trying to Upend the Workers’ Compensation Act in Florida

Jan 13, 2015 | By David Mercer

A recent and unusual opinion out of the Circuit Court for Miami-Dade County may, at the minimum, be a harbinger…

Blog Posts | Pennsylvania Supreme Court to Decide Need for Valuable Consideration in Non-Compete Agreement

Jan 09, 2015

In what will be a case of the first impression, the Pennsylvania Supreme Court has agreed to hear argument on…

Blog Posts | New Jersey Supreme Court Clarifies Narrow Scope of Adverse Inference Standard for Missing Expert Witness

Dec 03, 2014

Most defense attorneys have been faced with a situation where their expert’s opinion is not as strong as expected, or…

Blog Posts | Pennsylvania Supreme Court Revises Strict Liability Law

Nov 25, 2014

On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., in which it…

Blog Posts | Is Texas Following Florida’s Lead On Changing The Economic Loss Rule?

Oct 13, 2014 | By Mary Jo Kuusela

Practicing in both Florida and Texas I have seen the Economic Loss Rule evolve over the years, and its direct…

Blog Posts | When It Comes to Sinkholes, Contracts, Statutes and Regulations Do Matter

Sep 26, 2014 | By John Garaffa

On August 21, 2014, the United States Court of Appeals for the Eleventh Circuit vacated the decision of the U.S….

Blog Posts, Court Decisions | Excess Verdict From UM Trial Is Binding In Subsequent Bad-Faith Trial

Sep 17, 2014

Geico General Insurance Co. v. Paton, No. 4D12—4606, 2014 WL 4626860 (Fla. 4th DCA Sept. 17, 2014) Significance Florida’s Fourth…

Blog Posts | The Tripartite Relationship and Unintended Consequences

Sep 08, 2014

It’s not often an attorney has the opportunity to comment on a significant case, especially where he is also one…

Blog Posts, Court Decisions | Eleventh Circuit Affirms Summary Judgment For UM Insurer, Upholding Realignment of Parties, Diversity, and Standing

Aug 27, 2014

Drew v. Safeco Insurance Company of Illinois, Case No. 13—14514, 2014 WL 4215441 (11th Cir. Aug. 27, 2014) Significance On…

Blog Posts | Bad Faith: Turns Out, Abnormal in Alabama Really Is Normal

Aug 26, 2014 | By Michael Montgomery

A few years ago, I published an article that questioned whether Alabama’s tort of bad faith was becoming more prevalent…

Blog Posts | Through The Eyes of a Child: What DOES a Lawyer Do?

Aug 19, 2014 | By L. Andrew Watson

My 7-year-old daughter recently asked me, “What does a lawyer actually do?” She has been to my office many times…

Blog Posts, Court Decisions | Ninth Circuit Holds One-Year Removal Deadline in Diversity Cases Can Be Waived

Aug 04, 2014

Smith v. Mylan Inc., No. 12—-56028, 2014 WL 3805443 (9th Cir. Aug. 4, 2014) Significance In Smith v. Mylan Inc., the…

Blog Posts | Attorney-Expert Communications Are Now Protected in PA

Jul 24, 2014 | By Richard Gable Jr.

Falling in line with the Federal Rules of Civil Procedure, the Supreme Court of Pennsylvania ordered that Rule of Civil…

Blog Posts | The Emperor’s New Property Damage?

Jul 24, 2014

For many years, Florida courts appeared to say that general liability insurance policies did not cover a subcontractor’s faulty work…

Blog Posts | Sports Laws Focusing More and More on Youth Sports

Jul 24, 2014 | By Michael Montgomery

Youth sports have become a year-round, multi-million dollar industry. From travel teams to club ball, to off-season workouts, the concept…

Blog Posts | Feng Shui: Direct Physical Loss Does Not Include Damage to Invisible Forces

Jul 22, 2014 | By Richard Gable Jr.

A federal judge recently ruled that an insurer was not obligated to pay $50,000 for a feng shui consultant following…

Blog Posts | Florida Defines How Certain Commercial Entities Must Handle Personal Information

Jul 22, 2014 | By John Garaffa, Matthew Peaire

Effective July 1, 2014, Florida enacted what some have described as one of the country’s most detailed and comprehensive statutes…

Blog Posts | Valet Service in Pennsylvania Has No Duty to Withhold Keys from Visibly Intoxicated Driver

Jul 22, 2014

What are a valet’s obligations when a customer shows up drunk and requests the return of his vehicle? In Pennsylvania,…

Blog Posts | Website Operator Immune from Defamation Claims

Jul 21, 2014

When does a website operator “develop” defamatory content created by third parties that appears on its website, such that it…

Blog Posts, Court Decisions | Appellate Court Affirms Strict E-Service Requirement To Perfect Right To F.S. § 57.105 Fee Award

Jun 11, 2014

Background Stacey Caplan filed a lawsuit against Michael Matte alleging interference with her business relations. Believing that the complaint filed…

Blog Posts, Court Decisions | Insurer Did Not Waive Proof Of Loss As A Condition Precedent Under Homeowners Policy

May 23, 2014

Rodrigo v. State Farm Fla. Ins. Co., 39 Fla. L. Weekly D838, 2014 WL 1612494 (Fla. 4th DCA Apr. 23,…

Blog Posts, Court Decisions | Third Circuit Holds Reserve Estimates Are Irrelevant in Bad-Faith Case

Apr 29, 2014

Mirarchi v Seneca Specialty Ins. Co., No. 13-2129, 2014 WL 1673748 (3d Cir. April 29, 2014). Significance The Third Circuit…

Blog Posts, Court Decisions | Appellate Court Affirms Exclusion of ‘Pure Opinion’ Expert Testimony Under Florida’s Daubert Standard

Apr 23, 2014

Perez v. Bell South Telecommunications, Inc., 2014 WL 1613654 (Fla. 3d DCA April 23, 2014)  Background A child who was…

Blog Posts, Court Decisions | Florida Supreme Court Eliminates Statutory Cap For Noneconomic Damages In Wrongful Death Medical Malpractice Cases

Mar 13, 2014

Estate of McCall v. United States, No. SC11—1148, 2014 WL 959180 (Fla. March 13, 2014) Background The family of a…

Blog Posts, Court Decisions | Florida’s Insurable Interest Statute Precludes Recovery Beyond Insured’s Revenue Stream From Nonowned Property

Jan 24, 2014

Banta Properties, Inc. v. Arch Specialty Insurance Co., No. 12—14186, 2014 WL 274478 (11th Cir. January 24, 2014). Significance The…

Blog Posts, Court Decisions | U.S. Supreme Court Significantly Limits Personal Jurisdiction Over Foreign Corporations

Jan 14, 2014

Daimler AG v. Bauman, 571 U.S. —, 134 S.Ct. 746 (2014). Significance In Daimler, the U.S. Supreme Court significantly limited…

Blog Posts, Court Decisions | Summary Judgment for Insurer Affirmed in Bad-Faith Case

Oct 15, 2013

Novoa v. Geico Indem. Co., No. 13—10704, 2013 WL 5614269 (11th Cir. Oct. 15, 2013). Significance The Eleventh Circuit affirmed…

Blog Posts, Court Decisions | The ‘Structural Damage’ Requirement for ‘Sinkhole Loss’ in Florida: Conflict Within The Federal District Court for the Middle District of Florida

Sep 03, 2013

Gonzalez v. Liberty Mut. Fire Ins. Co., No. 8:12—cv—2549—T-—23EAJ, 2013 WL 5183810 (M.D. Fla. Sept. 3, 2013) Significance The threshold…

Blog Posts, Court Decisions | Florida Arbitration Code is not Applicable to Appraisal Awards

Jul 10, 2013

Citizens Prop. Ins. Corp. v. Mango Hill #6 Condo. Ass’n, Inc., 117 So. 3d 1226 (Fla. 3d DCA 2013) Significance…

Blog Posts, Court Decisions | PIP Insurers May Not Calculate Benefits Based on Medicare Fee Schedules Unless Policies Limit Reimbursement to Scheduled Amounts

Jul 03, 2013

Geico Gen. Ins. Co. v. Virtual Imaging Services, Inc., No. SC12—05, 2013 WL 3332385 (Fla. July 3, 2013) Significance The…

Blog Posts, Court Decisions | Florida Supreme Court Splits on Resolution of Ambiguity in Insurance Contracts

Jul 03, 2013

Washington National Ins. Corp. v. Ruderman, 117 So. 3d 943 (Fla. 2013) Holding In a 3-1-3 split, Justices Labarga, Pariente,…

Blog Posts, Court Decisions | Florida Limits Economic Loss Rule to Products Liability

Jun 27, 2013

Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc., 110 So. 3d 399 (Fla. 2013) Background A condominium association…

Blog Posts, Court Decisions | Removal Not Barred By Thirty-Day Time Limits

Jun 27, 2013

Roth v. CHA Hollywood Medical Center, L.P., No. 13—55771, 2013 WL 3214941 (9th Cir. June 27, 2013) Significance The United…

Blog Posts, Court Decisions | Insurer cannot Condition PIP Benefits on Insured’s Attendance at EUO

Jun 21, 2013

Nunez v. Geico Gen. Ins. Co., No. SC12—650, 2013 WL 3214407 (Fla. June 27, 2013) Significance Under Florida’s No-Fault Law,…

Blog Posts, Court Decisions | North Carolina Supreme Court Rules Disclosure of Information to Prosecutor is Not Malicious Prosecution

Jun 13, 2013

North Carolina Farm Bureau Mutual Ins. Co. v. Cully’s Motorcross Park, Inc., 2013 WL 2635575 (N.C. June 13, 2013) Background…

Blog Posts, Court Decisions | CGL Insurer Required to Hire Separate Counsel for Co-Defendants in Negligence Suit

May 03, 2013

University of Miami v. Great American Assurance Co., No. 3D09—2010, 2013 WL 616156 (Fla. 3d DCA Feb. 20, 2013), reh’g…

Blog Posts, Court Decisions | Any Misrepresentation in Policy Application May Void Policy

Apr 30, 2013

Universal Prop. & Cas. Ins. Co. v. Johnson, No. 1D12—0891, 2013 WL 1809639 (Fla. 1st DCA April 30, 2013) Significance…

Blog Posts, Court Decisions | Florida Appellate Court Rules the Department of Financial Services Exceeded its Rulemaking Authority

Feb 20, 2013

Subirats v. Fidelity Nat’l Prop., No. 3D12—68, 2013 WL 616602 (Fla. 3d DCA Feb. 20, 2013) Significance A rule promulgated…

Blog Posts, Court Decisions | Federal Court in Minnesota Finds Coverage Under CGL Policy in Product-Recall Case

Jan 08, 2013

The Netherlands Ins. Co. v. Main Street Ingredients, LLC, No. 11—533, 2013 WL 101876 (D. Minn. Jan. 8, 2013) Significance…

Blog Posts, Court Decisions | Ex Parte Meetings Prohibited under Florida’s Patient Confidentiality Statute

Dec 20, 2012

Hasan v. Garvar, 2012 WL 6619334 (Fla. Dec. 20, 2012) Significance Florida’s patient confidentiality statute prohibits nonparty treating physician from…

Blog Posts, Court Decisions | Summary Judgment for Insurer Reversed in Bad-Faith Case

Dec 05, 2012

Goheagan v. Am. Vehicle Ins. Co., No. 4D10—3781 (Fla. 4th DCA Dec. 5, 2012) Significance On rehearing, the Fourth District…

Blog Posts, Court Decisions | Neutral-Evaluation Statute Upheld as Constitutional

Jun 29, 2012

State Farm Fla. Ins. Co. v. Buitrago, 2012 WL 2471601 (Fla. 2d DCA June 29, 2012). Background This case arises…

Blog Posts, Court Decisions | Expert Testimony Held Admissible Under Daubert

Jun 27, 2012

Ledbetter v. Blair Corp., 2012 WL 2464000 (M.D. Ala. June 27, 2012). Significance Under federal law, where an expert relies…

Blog Posts, Court Decisions | Court holds there are no Common Law, First Party Bad Faith Claims

May 31, 2012

QBE Ins. Corp. v. Chalfonte Condo. Apartment Assoc., Inc., No. SC09—441, 2012 WL 1947863 (Fla. May 31, 2012). Significance First-party…

Blog Posts, Court Decisions | Georgia Supreme Court: Policy Covers Diminution in Value of Real Property

May 29, 2012

Royal Capital Dev. LLC v. Maryland Cas. Co., 2012 WL 1909842 (Ga. May 29, 2012). Significance Under Georgia law, where…

Blog Posts, Court Decisions | Court Holds ‘Pollution Or Contamination’ Exclusion Precludes Coverage For First-Party Chinese Drywall Claim

Feb 27, 2012

Hutchings v. American Home Assurance Co., Case No. 11—cv—60072 (S.D. Fla. Feb. 27, 2012). Facts American Home Assurance Company (“Defendant…

Blog Posts, Court Decisions | Florida Supreme Court Rules That Offer Of Judgment Statute Does Not Apply Where Parties Have Contractually Agreed To Be Bound By Law Of Another Jurisdiction

Feb 02, 2012

Southeast Floating Docks, Inc. v. Auto-Owners Ins. Co., 2012 WL 301029 (Fla. February 2, 2012). Background This case arises from…

Blog Posts, Court Decisions | Florida Supreme Court Rules Statutory Attorney’s Fees Not Recoverable Against FIGA Unless Expressly Provided in Insurance Contract

Jan 19, 2012

Petty v. Florida Ins. Guar. Ass’n, 2012 WL 143605 (Fla. Jan. 19, 2012). Background The insured’s home was damaged during…

Blog Posts, Court Decisions | Appraisal Awards May Not Be “Confirmed” Under Florida’s Arbitration Code

Dec 07, 2011

State Farm Florida Ins. Co. v. Gonzalez, 2011 WL 6057875 (Fla. 3d DCA Dec. 7, 2011) Background This case arises…

Blog Posts, Court Decisions | Fifth DCA Requires Showing Of Prejudice By Insurer Asserting Affirmative Defense Of Insured’s Failure To Attend CME

Dec 02, 2011

State Farm Mut. Auto. Ins. Co. v. Curran, 2011 WL 6003288 (Fla. 5th DCA Dec. 2, 2011). Significance The appellate…

Blog Posts, Court Decisions | Simultaneous Defense of Breach Of Contract And Statutory Bad-Faith Claims Not Required

Nov 16, 2011

Landmark Am. Ins. Co. v. Studio Imports, Ltd., 36 Fla. L. Weekly D2482 (Fla. 4th DCA Nov. 16, 2011). Background…

Blog Posts, Court Decisions | Florida’s Statutory Limitations Period Is Inapplicable To Arbitration Unless Expressly Provided In Written Agreement To Arbitrate

Nov 11, 2011

Raymond James Financial Services, Inc. v. Phillips, 2011 WL 5555691 (Fla. 2d DCA Nov. 16, 2011). Significance Florida’s Second District…

Blog Posts, Court Decisions | Fifth DCA Holds Liability Policy Excludes Molestation Claim

Oct 21, 2011

Foremost Ins. Co. v. D.R., _ So. 3d _, 36 Fla. L. Weekly D2336 (Fla. 5th DCA Oct. 21, 2011)….

Blog Posts, Court Decisions | Attorney Fees Awarded To Insured Under Section 627.428 As Insurer’s Improper Use Of EUO Necessitated Litigation By Insured To Recover Benefits

Oct 12, 2011

De Leon v. Great American Assurance Co., 2011 WL 4824135 (Fla. 3d DCA October 12, 2011). Significance Florida’s Third District…

Blog Posts, Court Decisions | Insured’s Failure to Comply with Conditions Precedent Relieve Homeowners’ Insurer of its Duty to Pay

Jul 15, 2011

Edwards v. State Farm Florida Insurance Company, 64 So. 3d 730 (Fla. 3d DCA 2011). Facts A policyholder, whose home…

Blog Posts, Court Decisions | Court Rules Insurer is Entitled to New Trial Based on Exclusion of Expert Testimony on Medical Billing and Coding

Jul 08, 2011

State Farm Mutual Automobile Insurance Company v. Bowling, — So. 3d —, 36 Fla. L. Weekly D1487 (Fla. 2d DCA July…

Blog Posts, Court Decisions | Florida Court Gives Narrow Interpretation To PIP Statute, Disallowing Calculation Of OPPS For Reimbursement Of MRI Services

Jul 06, 2011

Nationwide Mut. Fire Ins. Co. v. AFO Imaging, Inc., 71 So. 3d 134 (Fla. 2d DCA July 6, 2011).  Significance Florida’s…

Blog Posts, Court Decisions | Second DCA Holds Appraisal Cannot be Compelled Before Court Makes Preliminary Determination that Insured’s Demand for Appraisal is Ripe

Jul 01, 2011

Citizens Property Insurance Corporation v. Admiralty House, Inc., 66 So. 3d 342 (Fla. 2d DCA 2011). Facts The policyholder demanded…

Blog Posts, Court Decisions | Court Holds Insurer is Entitled to Interview Jurors Who Failed to Disclose Claim History

May 27, 2011

State Farm Mutual Automobile Insurance Company v. Lawrence, 65 So. 3d 52 (Fla. 2d DCA 2011). Facts In a trial for…

Blog Posts, Court Decisions | PIP Insurers May Not Apply Statutory Fee Schedule Limitation Unless Their Policies Expressly Limit Reimbursement To The Scheduled Amounts

May 18, 2011

Geico Gen. Ins. Co. v. Virtual Imaging Services, Inc., No. SC12—f-905, 2013 WL 3332385 (Fla. July 3, 2013) Significance The…

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