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Publications/ Whitepapers | How Carriers Implement Fair Claims Practices in a Hands-Off World

Nov 02, 2020 | By Kathy Maus, Julius “Rick” Parker III

This article was originally published in the DRI For The Defense magazine, October 2020 edition. Legal opinions may vary when…

Publications/ Whitepapers | Can You Get Stuck with Stucco? Coverage Under an EIFS Exclusion for Property Damage Caused by Construction Defects

Oct 20, 2020 | By Kathy Maus, J. Blake Hunter

This article was originally published in the Florida Bar Journal November/December 2020 publication. Legal opinions may vary when based on…

Publications/ Whitepapers | Who Has Priority Over My Recovery? – An Overview of the Made Whole Doctrine

Oct 13, 2020 | By Jessica Skarin

This article was originally published in the Southern Loss Association (SLA) October 2020 Newsletter. Legal opinions may vary when based…

Publications/ Whitepapers | Alabama and Florida Insurance Law Questions Following Hurricane Sally (White Paper)

Oct 01, 2020 | By Michael Montgomery

Hurricane Sally made landfall on Alabama Gulf Coast near the city of Gulf Shores early in the morning on Wednesday,…

Publications/ Whitepapers | Knowing the Code: An Overview of Ordinance and Law Coverage

Sep 22, 2020 | By Michael McLaughlin

This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Summer 2020. Legal opinions may…

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Publications/ Whitepapers | Coverage Corner

Sep 08, 2020

Butler proudly presents the Coverage Corner- a collection of blogs that address the most current and critical third-party coverage matters…

Publications/ Whitepapers | The Days Of The “Scintilla” Of Evidence Summary Judgment Standard In Florida Are Numbered

Jun 26, 2020 | By Mihaela Cabulea

This article was originally published in the FDLA Trial Advocate, Volume 39, No. 2. Legal opinions may vary when based…

Publications/ Whitepapers | Butler Quarterly Spring 2020

May 11, 2020

Below is an interactive pdf of the previous quarter’s articles and publications.  

Publications/ Whitepapers | Delay In Completion Coverage And The Coronavirus

May 05, 2020 | By K. Clark Schirle

This article was republished in the National Association of Surety Bond Producers website. States, counties and municipalities have issued “stay…

Publications/ Whitepapers | Insights on Covid-19: Butler Blogs, Publications and More

Apr 17, 2020

Industries around the globe are feeling the effects of the Coronavirus, and the insurance industry is no exception. Our proactive…

Publications/ Whitepapers | Covid-19—When Civil Authorities Take Over, Are You Covered?

Apr 03, 2020 | By W. Douglas Berry, John Garaffa

This article is originally a publication of International Risk Management Institute on March 2020. Legal opinions may vary when based…

Publications/ Whitepapers | Coronavirus and Property Insurance Policies

Apr 02, 2020 | By Jonathan Barger, Richard Gable Jr., John Garaffa, K. Clark Schirle

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. The virus has spread…

Publications/ Whitepapers | New Appleman Florida Insurance Law (2020 Edition)

Mar 12, 2020 | By John Garaffa, Sarah Burke, Ryan Hilton, Julius “Rick” Parker III, Jason Seitz, J. Blake Hunter, Carol Rooney, James Michael Shaw , Jr.

JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. “RICK” PARKER III, JASON M. SEITZ, J. BLAKE HUNTER,…

Publications/ Whitepapers | Civil Authority and Ingress/Egress Coverage

Feb 21, 2020 | By K. Clark Schirle

©2020. Published in GPSolo, January/February 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or…

Publications/ Whitepapers | The Top 100 Ways To Build A Winning Recovery Case: Effective Claims Management Of Subrogation Cases

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Six Critical Steps For Achieving A Successful Mediation

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Protective Orders- Not Everything Can Be Swept Under The Rug!

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Developing A Claim Of Successor Liability—A Practical Guide To Recovery When Your Primary Target Defendant Has No Seizable Assets

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | Unraveling The Complexities Of Contractual Disputes

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | When Businesses Compete Fiercely, Crossing Certain Boundaries May Give Rise To Tortious Interference Claims

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Railroad Subrogation And Third Party Recoveries—”Getting Back On Track”

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | Federal Tort Claims Act: Pursuing Uncle Sam’s Deep Pockets By Unlocking The Right Doors

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Undue Delay In Pursuing Subrogation May Result In Missing The Recovery Boat

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | United States’ Liability For Negligent Disaster Response Under The Federal Tort Claims Act

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly  312-462-9147.

Publications/ Whitepapers | Big Daubert Hurdles In Fire & Explosion Litigation—Revisiting The Importance Of Testing An Expert’s Theories

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Significant Recovery Opportunities Where An Insured Breaches Its Reimbursement Policy Obligations For Advanced Deductible, Self-Insured

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Subrogating The Spill: What Are An Insurer’s Options For Recovering Claims Paid As A Result Of The Gulf Oil Spill?

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger at drauchwerger@butler.legal  or directly 312-462-9147

Publications/ Whitepapers | Mcs90 Endorsements Provide Significant Subrogation Recovery Opportunities

Jan 29, 2020 | By Dean Rauchwerger

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Property Insurance Litigation Handbook, 2007

Jan 29, 2020 | By K. Clark Schirle

Property Insurance Litigation Handbook,  2007.  Chapter 9, Motions to Dismiss.   (ABA, Tort Trial & Insurance Practice Section)  For the full…

Publications/ Whitepapers | Measuring Damage In A Megaloss If “Like Kind And Quality” Does Not Exist

Jan 29, 2020 | By K. Clark Schirle

Measuring Damage in a Megaloss If “Like Kind and Quality” Does Not Exist.  The Brief, Fall 2006  (ABA, Tort Trial…

Publications/ Whitepapers | Drones: Just When You Thought It Was Safe To Cancel Your Pirate Insurance

Dec 04, 2019 | By Ryan Hilton, James Michael Shaw , Jr.

This article is originally a publication of DRI’s Insurance Law Committee newsletter on November 27, 2019. Legal opinions may vary when based on…

Publications/ Whitepapers | How Amazon Disrupted Product Liability

Oct 28, 2019 | By Michael Wolfer

This article is originally a publication of Property Casualty 360 on October 28, 2019. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | As Florida Goes

Sep 06, 2019 | By Timothy Engelbrecht

This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Fall 2019. Legal opinions may…

Publications/ Whitepapers | The Challenges Of Adjusting Pipe Breaks And Sewer Back-Ups

Sep 04, 2019 | By Timothy Engelbrecht

This article is originally a publication of the Southern Loss Association newsletter, August 2019. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | Butler On Drones (Third Edition): A Practical Guide For Insurers

May 14, 2019 | By James Michael Shaw , Jr., Ryan Hilton

Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS)—are a transformative technology affecting the recreational…

Publications/ Whitepapers | White Paper: The “Bomb Cyclone” And Flooding In The Great Plains: Flood And Surface Water In Property Insurance Policies

Apr 02, 2019 | By K. Clark Schirle

To request a copy of Clark Schirle’s “THE “BOMB CYCLONE” AND FLOODING IN THE GREAT PLAINS: FLOOD AND SURFACE WATER…

Publications/ Whitepapers | Butler Quarterly Winter 2019

Feb 11, 2019

Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly Winter 2019

Publications/ Whitepapers | The Challenges Of Adjusting Long-Term Water Losses

Feb 04, 2019 | By Timothy Engelbrecht

This article is originally a publication of the Southern Loss Association newsletter, January 2019. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | The Importance And Requirement Of Having A Representative With Full Settlement Authority At Mediation

Oct 29, 2018 | By Matthew Peaire

This article is originally a publication of Subrogator, Fall/Winter Issue 2018. Subrogator is owned and produced by the National Association of Subrogation…

Publications/ Whitepapers | Comparative Bad Faith

Oct 17, 2018

This podcast is originally a publication of Timely Notice, October 2018. The Timely Notice Podcast is owned and produced by Goldberg Segalla….

Publications/ Whitepapers | Fighting Removal Spoiler Claims Against Adjusters, Attorneys, And Agents In Bad-Faith Lawsuits

Oct 15, 2018 | By Matthew Lavisky

This article is originally a publication of the Defense Research Institute, October 2018. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Fla. High Court Bolsters Policyholders In Bad Faith Cases

Sep 24, 2018 | By Kathy Maus

Partner Kathy Maus was featured in a Law360 article titled “Fla. High Court Bolsters Policyholders in Bad Faith Cases.” This…

Publications/ Whitepapers | John Garaffa “Business Interruption And Damage Claims”

Aug 21, 2018 | By John Garaffa

Partner John Garaffa wrote a chapter titled “Business Interruption and Damage Claims” for the 5th Edition of The Complete Guide…

Publications/ Whitepapers | Attorney-Client Privilege And Work Product Protection: Brief Overview

Jul 24, 2018 | By Jason Seitz

This article is originally a publication of the National Insurance Law Forum, July 2018. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | Butler Quarterly – Summer 2018

Jul 10, 2018

Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Summer 2018  

Publications/ Whitepapers | Perspectives On The Ali Restatement: The Plain Meaning Rule Or Presumption?

Jun 20, 2018 | By Jason Seitz

This article is originally a publication of The National Insurance Law Forum, June 2018. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | Good-Faith Claim Handling In Florida – Part Ii

Jun 13, 2018 | By Timothy Engelbrecht, Matthew Lavisky

This article is originally a publication of the Southern Loss Association’s Newsletter, June 2018. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | Judicial Nominating Procedures: Moving In The Right Direction

May 21, 2018

This article is originally a publication of The Florida Bar Journal, June 2018. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Allocating Responsibility For Defense And Indemnity Costs Among Multiple Insurers

Apr 30, 2018 | By Jason Seitz

This article is originally a publication of National Insurance Law Forum, April 2018. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Identity Restoration Insurance: Why Would I Need That?

Mar 20, 2018 | By Jason Seitz

This article is originally a publication of National Insurance Law Forum, March 2018. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Subrogation In A Machine’s World – How Automation And Connected Devices Are Changing Subrogation Investigations

Feb 23, 2018 | By George McMullin

This article is originally a publication of CLM Magazine, February 2018. Legal opinions may vary when based on subtle factual differences….

Publications/ Whitepapers | Dust In The Wind: The Threat Of Airborne Lead From Construction Sites

Feb 19, 2018

Reposted from constructionexec.com, Feb. 14, 2018, a publication of Associated Builders and Contractors. Copyright 2018. All rights reserved. Of the many laws…

Publications/ Whitepapers | Good-Faith Claim Handling In Florida

Feb 05, 2018 | By Timothy Engelbrecht, Matthew Lavisky

This article is originally a publication of Southern Loss Association, Newsletter February 2018. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | A Theoretical Safety On The Trigger Of The Duty To Defend

Feb 01, 2018 | By Jason Seitz

This article is originally a publication of National Insurance Law Forum, February 2018. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Ethical Marketing In Today’s Technological Marketplace

Jan 30, 2018

This article is originally a publication of the NCADA. Legal opinions may vary when based on subtle factual differences. All rights…

Publications/ Whitepapers | Preemption In Aviation Product Liability Cases

Jan 26, 2018

This article is originally a publication of the Aviation Insurance Association, Binder Vol. 42 No.4 Winter 2017. Legal opinions may vary when…

Publications/ Whitepapers | Coverage Even When An Insured Does Not Own The Property?

Jan 12, 2018 | By T. Nicholas Goanos

This article is originally a publication of Southern Loss Association, Newsletter January 2017. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Florida Insurance Appraisals: Don’t Get Me Started!

Dec 18, 2017 | By J. Pablo Cáceres

This article is originally a publication of Southern Loss Association, Newsletter December 2017. Legal opinions may vary when based on subtle…

Publications/ Whitepapers | Fdcc Leadership For Lawyers – Leading And Ethics

Dec 13, 2017

This article is originally a publication of FDCC Leadership for Lawyers. Legal opinions may vary when based on subtle factual differences….

Publications/ Whitepapers | A Home After The Storm: How Does Additional Living Expense Coverage Respond To Insureds Impacted By Hurricanes?

Nov 30, 2017 | By Richard Gable Jr., Michael McLaughlin

This article is originally a publication of CLM Magazine, November 2017. Legal opinions may vary when based on subtle factual differences. All…

Publications/ Whitepapers | Existing Tools To Curb Runaway Attorney Fee Awards

Nov 29, 2017 | By Matthew Lavisky

This article is originally a publication of Trial Advocate Quarterly. Legal opinions may vary when based on subtle factual differences. All rights…

Publications/ Whitepapers | Butler On Drones (Second Edition) : A Practical Guide For Insurers

Sep 26, 2017 | By Ryan Hilton, James Michael Shaw , Jr.

Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS) – have left no industry unaffected,…

Publications/ Whitepapers | Florida Insurance Litigation (2017 Edition)

Sep 20, 2017 | By John Garaffa, Ryan Hilton, Carol Rooney, Julius “Rick” Parker III, James Michael Shaw , Jr., J. Blake Hunter

LexisNexis Practice Guide: Florida Insurance Litigation provides the practitioner with immediate access to knowledge and strategy on every aspect of…

Publications/ Whitepapers | Trial Essentials: Keys To Not Losing Your Jury Trial Before The First Witness Is Called

Jul 27, 2017 | By Scott Frank

This article is originally a publication of Trial Advocate Quarterly, Summer 2017 (Volume 36, #3). Legal opinions may vary when based on subtle…

Publications/ Whitepapers | Florida Water Loss Claims: What’s Owed, And When?

Jul 14, 2017 | By J. Pablo Cáceres

This article is originally a publication of  Law360. Legal opinions may vary when based on subtle factual differences. All rights reserved. Water…

Publications/ Whitepapers | State Specific: Tennessee Addresses Production Of Underwriting Files, Similar Claim Materials And Reserves In First Horizon National Corporation V. Houston Casualty Company, Et Al.

Jul 12, 2017 | By Matthew Peaire

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2017. ©…

Publications/ Whitepapers | Butler Quarterly – Spring

Jun 27, 2017

Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Spring  

Publications/ Whitepapers | Literature For Life

Jun 16, 2017 | By Lee Craig

This article originally appeared in For the Defense 2017, a publication by DRI. Legal opinions may vary when based on subtle factual…

Publications/ Whitepapers | Tort Trial & Insurance Practice Law Journal, Winter 2017

Apr 21, 2017 | By William (Bill) Lewis, John Garaffa, Sarah Burke

This information or any portion thereof may not be copied or disseminated in any form or by any means or…

Publications/ Whitepapers | Butler Quarterly – Winter 2017

Mar 01, 2017

Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Winter 2017 Article Link>>

Publications/ Whitepapers | Is It Hot In Here? Significant Recovery Opportunities With Boiler Failures

Feb 23, 2017 | By Dean Rauchwerger, Geoffrey Waguespack

This article originally appeared in the Litigation Management Magazine, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions…

Publications/ Whitepapers | Pennsylvania – Voided Terms And Conditions: Unlawful And Unconscionable Exculpatory Clauses

Feb 22, 2017 | By Mary Jo Kuusela

This article originally appeared in a NASP Article for Subrogator – Terms and Conditions. Legal opinions may vary when based on subtle factual differences. All…

Publications/ Whitepapers | The Confession-Of-Judgment Doctrine: No Good Deed Goes Unpunished

Feb 06, 2017 | By Julius “Rick” Parker III

This article was originally published in the ABA website, a publication by the American Bar Association, © Copyright 2017 by ABA….

Publications/ Whitepapers | When Pipes Go Pop

Jan 27, 2017 | By Jessica Skarin

This article originally appeared in the CLM Magazine, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may…

Publications/ Whitepapers | Damages Proof In Subrogation Cases

Jan 26, 2017 | By Hobart Hind Jr.

This article originally appeared in Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights…

Publications/ Whitepapers | Don’t Win The Battle And Lose The War: Preserving Error For Appeal (And Why You Need An Appellate Lawyer)

Jan 10, 2017 | By Carol Rooney

This article was originally published in the ABA Corporate Counsel Committee Newsletter, a publication by the American Bar Association, Fall/Winter,…

Publications/ Whitepapers | If You Invade Someone’s Privacy With A Drone, Your Insurance Might Not Cover It

Jan 03, 2017 | By Ryan Hilton, James Michael Shaw , Jr.

This article originally appeared in Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights…

Publications/ Whitepapers | The Pitfalls Affecting Admission Of Expert Bad Faith Testimony Under Daubert

Nov 28, 2016 | By Ryan Hilton

This article originally appeared in Claims Management, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may…

Publications/ Whitepapers | Awash In Aobs

Nov 23, 2016 | By Timothy Engelbrecht

This article originally appeared in Claims Management, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary…

Publications/ Whitepapers | Boom! Maximizing Recoveries In Catastrophic Explosions

Nov 21, 2016 | By Dean Rauchwerger, Geoffrey Waguespack

This article originally appeared in “Claims Management”, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when…

Publications/ Whitepapers | What’s A Court To Consider After A Post-Suit Payment?

Oct 26, 2016 | By Anthony Russo

Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language…

Publications/ Whitepapers | Kentucky- Business Personal Property Damages Excluded Under Daubert

Oct 20, 2016 | By Mary Jo Kuusela

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2016. ©…

Publications/ Whitepapers | Follow Up On Assignment Of Benefits Litigation In Florida

Oct 18, 2016 | By Timothy Engelbrecht

This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. All rights reserved.  In…

Publications/ Whitepapers | Hold On To Your Recoveries So They Don’t Spoil

Oct 11, 2016 | By Jessica Skarin

This article was originally published in Claims Magazine a publication in 2016. © Copyright 2016 by ALM. All rights reserved. Republished…

Publications/ Whitepapers | Who, What, When, And How Much? Key Questions To Ask When Faced With A Potential Sovereign Immunity Defense

Oct 10, 2016 | By Jessica Skarin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, 2016. © Copyright…

Publications/ Whitepapers | Adjuster Tools For Water Losses

Sep 08, 2016

This article is a publication of Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights…

Publications/ Whitepapers | In Hot Pursuit: Strategies For Pursuing Subrogation Against Wildfire Damages

Aug 11, 2016

This article originally appeared in “Claims Management – Special eReport”, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions…

Publications/ Whitepapers | Historic Hotel, Restaurant & Nightclub Fires Provide Common Threads For Developing Significant Subrogation Recoveries

Jun 27, 2016 | By Dean Rauchwerger, Geoffrey Waguespack

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2016. ©…

Publications/ Whitepapers | Assignment Of Benefits Litigation In Florida

Jun 24, 2016 | By Timothy Engelbrecht

This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. The articles written in…

Publications/ Whitepapers | The Inadequacies Of The Diminution Of Value Approach To Damages To Real Property In Tort Claims

Jun 21, 2016 | By George McMullin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2016. ©…

Publications/ Whitepapers | Butler On Drones: A Practical Guide For Insurers

Jun 08, 2016 | By Ryan Hilton, James Michael Shaw , Jr.

Unmanned Aircraft Systems – better known as “drones” – are about to change the way most everything is done. The…

Publications/ Whitepapers | Recent Developments In Property Insurance Coverage Litigation

Apr 27, 2016 | By William (Bill) Lewis, John Garaffa

This article was originally published in the Winter edition of the American Bar Association’s Tort Trial & Insurance Practice Law…

Publications/ Whitepapers | It’s A Recovery: Opportunities To Recover Advanced Deductibles, Late And Unpaid Premiums

Apr 15, 2016 | By Dean Rauchwerger

This article originally appeared in the Spring 2016 edition of Litigation Management. Re-published with permission. Insurance industry professionals are ever…

Publications/ Whitepapers | Good Faith, Bad Faith: A Legal View

Mar 07, 2016

This article originally appeared in Insurance Committee for Arson Control (ICAC) publication. Any discussion on the subject of insurer bad…

Publications/ Whitepapers | Shelter From The Storm: Potential Disputes In Handling Additional Living Expense Claims

Mar 04, 2016 | By Richard Gable Jr., Michael McLaughlin

A house fire can be one of the most disruptive events a family will face. But life must go on. A new…

Publications/ Whitepapers | Flying Witnesses: Admissibility Of Drone-Gathered Evidence In Florida

Feb 22, 2016 | By James Michael Shaw , Jr., Ryan Hilton

This article was originally published in the Winter 2016 edition of Trial Advocate Quarterly. Reprinted with permission. If reported surveys…

Publications/ Whitepapers | Clarifying The Standard Employee Exclusions In Commercial Automobile Policies

Feb 10, 2016 | By Julius “Rick” Parker III

This article was originally published on Americanbar.org, reprinted with permission. Any attorney who has ever faced a claim in which…

Publications/ Whitepapers | Smart Mediations: The Who, What And How Of Successful Mediations

Jan 26, 2016

This article was originally published in Litigation Management Magazine, © Copyright 2016. All rights reserved. Republished by Butler with permission….

Publications/ Whitepapers | Introduction To Insurance Subrogation

Dec 17, 2015 | By Matthew Peaire, Jessica Skarin

Matthew W. Peaire and Jessica M. Skarin recently authored Chapter 158 “Introduction to Insurance Subrogation” in the New Appleman on…

Publications/ Whitepapers | About Jim . . . Briefly

Nov 18, 2015

Published in Lawyer, The Hillsborough County Bar Association: November – December 2015 – Vol. 26, No. 2 Jim Birkhold was,…

Publications/ Whitepapers | When Is The Contract Complete? Court Rules That Statue Of Repose Commences Upon Final Payment

Oct 13, 2015 | By Mary Jo Kuusela, Aaron Jacobs

Recently, Florida’s Fifth District Court of Appeal reviewed the statute of repose relative to improvements to real property, which states,…

Publications/ Whitepapers | (Un)Reel Legal Ethics: Obscure Critiques Of Ethical Issues In Hollywood Films About Civil Litigation

Oct 13, 2015 | By Dean Rauchwerger, Geoffrey Waguespack

Everyone loves a good legal drama. Whether it’s a whimsical comedy, a whodunit, or a weighty social statement played out…

Publications/ Whitepapers | Keep The Faith: Whether The Attorney-Client Privilege Applies In Third-Party Bad Faith Actions

Sep 28, 2015 | By J. Blake Hunter

One of the most rapidly developing issues in Florida and in courts around the country is whether the attorney-client privilege…

Publications/ Whitepapers | Lottery Tickets And Leaky Windows: Florida Courts Tackle Enforcement Of Oral Contracts

Sep 14, 2015

This article was originally published in the IADC Construction Law and Litigation Committee Newsletter. In Florida, a frequently raised defense…

Publications/ Whitepapers | Judge John Badalamenti Joins The Second District

Sep 08, 2015 | By Anthony Russo

In April, John L. Badalamenti was appointed to the Second District Court of Appeal by Governor Rick Scott, filling the…

Publications/ Whitepapers | The Ongoing Struggle Over Removal Of First-Party Bad Faith Cases In Florida

Sep 08, 2015 | By Julius “Rick” Parker III

Three years ago, I published an editorial in this esteemed journal regarding the vanishing right to federal jurisdiction for insurers…

Publications/ Whitepapers | Time Element Coverages In Business Interruption Insurance

Sep 02, 2015 | By K. Clark Schirle

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

Publications/ Whitepapers | But At Least You Can Recover Your Costs, Right? A Practitioner’s Guide To Appellate Costs In Florida — The Good, The Bad, And The Money

Jul 08, 2015 | By Carol Rooney

This article was originally published in the Florida Bar Journal, © Copyright 2015. All rights reserved. Republished by Butler with…

Publications/ Whitepapers | Imposition Of Duty To Those With Easily Accessible And/Or Specialized Knowledge

Jul 07, 2015 | By Jason Lowe

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Summer, 2015. ©…

Publications/ Whitepapers | Product Liability Blackjack (21) Ways To Win, Bust Or Fold!

May 05, 2015 | By Dean Rauchwerger

Strategic thinking in prosecuting or defending product liability actions often mirrors the creativity, gut-check and fortitude to play the winning…

Publications/ Whitepapers | Defining Structual Damage: The Eleventh Circuit Rules

May 01, 2015 | By William Collum

The following article was originally published in the HCBA magazine, The Lawyer, May – June 2015. Section 627.706, Florida Statutes, has not…

Publications/ Whitepapers | Ricky’s Believe It Or Not: Part Two

Apr 27, 2015 | By Julius “Rick” Parker III

In the January 26, 2015 edition of this publication, I shared a collection of excerpts from documents authored by attorneys….

Publications/ Whitepapers | New Jersey Expands Traditional Notions Of Physical Loss Or Damage

Apr 01, 2015 | By Michael McLaughlin

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

Publications/ Whitepapers | Liability And Damages: Understanding Property Insurance Bad Faith Litigation In Florida

Mar 13, 2015 | By Matthew Lavisky

Florida recognizes two general categories of insurance bad faith: first-party and third-party. A cause of action for third-party bad faith…

Publications/ Whitepapers | Recent Legal Developments

Mar 01, 2015

1. Is discrimination on the basis of pregnancy prohibited by the Florida Civil Rights Act of 1992? The Florida Supreme…

Publications/ Whitepapers | Ricky’s Believe It Or Not

Jan 26, 2015 | By Julius “Rick” Parker III

As an attorney for more than sixteen years, and a practitioner of insurance bad faith for nearly eleven years, I have…

Publications/ Whitepapers | A Legacy That Lasts: George E. Edgecomb

Jan 01, 2015

In Florida, one becomes accustomed to the sight of bridges. Indeed, bridges are everywhere across our fair state, allowing travelers…

Publications/ Whitepapers | Challenging Consent Judgments As Unreasonable Or Tainted By Bad Faith

Dec 22, 2014 | By Jamie Combee Novaes

Generally, if an insurance company refuses to defend its insured against a claim, the insured may protect himself by entering into…

Publications/ Whitepapers | The Only Thing We Have To Fear Is Spoliation Itself … And Sanctions: How Spoliation Can Erode, Or Even Destroy, The Potential For Recovery

Dec 01, 2014 | By Jessica Skarin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2014. ©…

Publications/ Whitepapers | The Coverage Action ‘Fixed’ Bad Faith Damages: Are The Total Damages Binding?

Nov 24, 2014 | By Julius “Rick” Parker III

Florida state and federal courts struggle with excess damage verdicts in first-party bad-faith actions arising out of uninsured motorist/underinsured motorist…

Publications/ Whitepapers | The Absolute Pollution Exclusion: Pollution And Fungus, Wet Rot, Dry Rot, And Bacteria

Nov 10, 2014 | By John Garaffa

The history of the pollution exclusion clause in its early forms demonstrates that its purpose was to serve as a…

Publications/ Whitepapers | Stopping The Clock: Getting An Extension For Your Brief

Nov 01, 2014

Traditionally, parties seek briefing extensions in Florida state courts by motion  pursuant to Florida Rule of Appellate Procedure 9.300. However,…

Publications/ Whitepapers | Three Is A Crowd: Revisiting The Third Party Beneficiary Doctrine

Oct 27, 2014 | By Fay Ryan

This article examines the third party beneficiary doctrine in conjunction with the approaches courts follow with regard to the collection…

Publications/ Whitepapers | Illuminating Fraud: Spotlight On Affirmative Litigation

Oct 01, 2014

Insurance companies are defensive by nature. The very concept of insurance is to indemnify losses, not to prevent them. When…

Publications/ Whitepapers | Optimizing The Use Of Technology In Mediation

Oct 01, 2014 | By Aaron Jacobs, Matthew Peaire

From cell phones to the worldwide web, to electronic mail, and beyond, over the past twenty years, we have experienced…

Publications/ Whitepapers | Courts’ Different Views On Additional Insureds’ Duties Under Liability Policy Notice Provisions

Sep 22, 2014 | By Ryan Hilton

I. Introduction Liability policies typically require the insured to provide prompt notice of a claim or suit. Notice is regarded…

Publications/ Whitepapers | Wall Of Confusion: Geico General Insurance Company V. Bottini And Its Ill-Begotten Progeny

Aug 25, 2014 | By Julius “Rick” Parker III

On July 20, 2012, a three-judge panel of Florida’s Second District Court of Appeal released what, on its face, appeared…

Publications/ Whitepapers | The Language Was Not Enough: Florida Supreme Court Holds That The Standard “Transfer Of Rights” Provision Does Not Abrogate The “Made Whole Rule”

Jun 26, 2014 | By Aaron Jacobs, Jessica Skarin

The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to…

Publications/ Whitepapers | Uninsured Motorist Bad-Faith Claims: Separate Action, Separate Trial, Separate Damages

Jun 26, 2014 | By Hudson Jones

First-party coverage and first-party bad-faith actions seeking extra-contractual damages beyond the policy limit are separate and distinct lawsuits in Florida….

Publications/ Whitepapers | Fraud Squad. The Role Of Mediation In Settling Fraud Disputes

Jun 01, 2014

Alternative dispute resolution in a fraud dispute is a unique beast. The parties begin diametrically opposed horns locked in a…

Publications/ Whitepapers | Burden Of Proof Issues In Consent Judgments

May 22, 2014

When a carrier refuses to defend its insured, the insured may consent to entry of a stipulated judgment. 1 In…

Publications/ Whitepapers | A Moving Target: How To Seek Fees In Your Original Proceedings

May 01, 2014

The following article was originally published in the Summer 2014 edition of the Florida Bar’s Journal of the Appellate Practice…

Publications/ Whitepapers | An Insurance Carrier’s Good Faith Obligations Toward Its Insureds In Liability Settlements Where Not All Of The Insureds Are Released

Apr 25, 2014 | By Ryan Hilton

Generally, liability insurers must secure a release of all of their insureds when settling claims against their insureds. However, some…

Publications/ Whitepapers | “Texas Damages”

Apr 01, 2014 | By Hobart Hind Jr.

In Property Subrogation, one of the most difficult damages situations to deal with is a commercial loss where older equipment…

Publications/ Whitepapers | “How To Succeed At Subrogation (…But You Do Have To Try!)”

Apr 01, 2014 | By Hobart Hind Jr.

Success in Subrogation can be measured in many ways, and depends greatly on what type of business is at issue…

Publications/ Whitepapers | Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases

Mar 27, 2014 | By David Mercer

A common scenario: claimant’s counsel issues a time limit demand for policy limits and the insurer decides to accept the…

Publications/ Whitepapers | Bad Faith And Ordinary Negligence: Distinguishing The Excusable From The Culpable

Mar 13, 2014 | By Brian Webb

Bad faith and ordinary negligence typically involve two very different standards of care. In most jurisdictions, courts agree that proof…

Publications/ Whitepapers | Business Interruption And Damage Claims

Mar 01, 2014 | By John Garaffa

The chapter written by John Garaffa was originally published in, The Comprehensive Guide to Lost Profits and Other Commercial Damages,…

Publications/ Whitepapers | Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery

Dec 19, 2013 | By David Mercer

The gravamen of a third-party claim of bad faith is that the insurer failed to settle a claim against an…

Publications/ Whitepapers | The Dangers Of Evidence Disposal

Dec 01, 2013 | By Matthew Peaire

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. ©…

Publications/ Whitepapers | Proving Lost Profits In A Subrogation Case: It’s No Easy Matter

Dec 01, 2013 | By Scott Katz, Jessica Skarin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. ©…

Publications/ Whitepapers | This Mediation Is Confidential, Right?

Nov 21, 2013 | By Kimberly Ramey

Mediation is an effective dispute resolution tool because it allows participants to openly discuss all aspects of a dispute without…

Publications/ Whitepapers | Pleading Requirements For Fees In Original Proceedings

Nov 01, 2013

The following article was originally published in the HCBA Magazine, The Lawyer, November 2013. Florida Rule of Appellate Procedure 9.400(b) governs the procedure…

Publications/ Whitepapers | Separating Fact From Fiction: Strategies For Contesting The Excess Consent Judgment

Oct 24, 2013 | By Brian Webb

Few legal maneuvers generate greater skepticism – among courts and insurers – than the excess consent judgment, an increasingly common…

Publications/ Whitepapers | Some Considerations In Addressing Time-Limit Demands

Sep 26, 2013 | By Ryan Hilton

Liability insurance carriers should be prompt and proactive when they receive a time-limit demand from a claimant. Time is usually…

Publications/ Whitepapers | Mind The Gap: Weathering The Statutory Notification Process When A Data Breach Occurs

Sep 01, 2013 | By John Garaffa, Matthew Peaire

Even before Edward Snowden and the NSA entered into the public conversation, data breach concerns abounded. For instance, a recent…

Publications/ Whitepapers | Causal Friday: Better To Be Lucky Than Good

Aug 22, 2013 | By Julius “Rick” Parker III

Sometimes it is better to be lucky than good, as the insurers in the following cases learned. These cases demonstrate…

Publications/ Whitepapers | Investigation: Fraud Squad. Keys To Good Faith Fraud Referrals

Aug 01, 2013

The following article was originally published in CLM’s Claims Management magazine, August 2013. Unlike robbery, grand theft auto, and other…

Publications/ Whitepapers | An Insurer’s Liability For A Hospital Lien After Settlement Of A Claim That Impairs The Lien

Jul 25, 2013 | By Ryan Hilton

Over forty states have hospital lien laws. Those laws typically allow hospitals to recover against parties, including insurers, who impair…

Publications/ Whitepapers | Personal Jurisdiction And The Stream-Of-Commerce Theory: The Illinois Supreme Court Holds That Illinois Has Jurisdiction Over A French Company

Jul 08, 2013 | By K. Clark Schirle

In April 2013, the Illinois Supreme Court, in the case of Russell v. SNFA, 987 N.E.2d 778, held that Illinois…

Publications/ Whitepapers | Corporate Tort Liability Under The Alien Tort Statute Post-Kiobel, 21 U. Miami Bus. L. Rev. 281

Jul 01, 2013

ATS cases.’ The court entered into uncharted and controversial territory’ though, as it attempted to deal with a claim made…

Publications/ Whitepapers | Internet Defamation: Corporate Risks And Remedies

Jul 01, 2013

Use the link to the right to read the article. Corporate Risks and Remedies

Publications/ Whitepapers | Why Sue For Bad Faith When Consequential Damages Are Available

Jun 27, 2013 | By Hudson Jones

Bad faith aside, insurers often assume a claim’s ‘‘total” exposure under the insurance contract is the policy’s limit.  Courts traditionally…

Publications/ Whitepapers | Florida Supreme Court Limits Economic Loss Rule To Products Liability Claims?

Jun 26, 2013 | By Scott Katz, Jessica Skarin

State Specific: Florida Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims

Publications/ Whitepapers | Certiorari Redefined: Would The “Functional Restatement” Function?

May 29, 2013 | By Anthony Russo

The following article was originally published in the Stetson Law Review, May 2013. Some pretrial rulings can impose unbearable pressures on…

Publications/ Whitepapers | Is The Bad Faith Claim A Part Of The Package?

May 23, 2013

In an effort to create yet another way to present a claim for bad faith against an insurance company, plaintiff…

Publications/ Whitepapers | Examination Under Oath: A Vital Tool In Examining Potentially Fraudulent Claims

May 01, 2013

This article was originally published in the CLM‘s Litigation Management publication, summer, 2013. © Copyright 2013 by CLM. All rights reserved….

Publications/ Whitepapers | Stuck Between A Collapsed Wall And A Hard Place: The Failure To Establish The “Standard Of Care” In A Negligence Claim

May 01, 2013 | By Scott Katz, Aaron Jacobs

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring Summer, 2013….

Publications/ Whitepapers | Avoiding The Economic Loss Rule In Construction Claims

May 01, 2013 | By George McMullin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring-Summer, 2013. ©…

Publications/ Whitepapers | Revisiting The Litigation Privilege And Its Application In Bad-Faith Cases

Apr 25, 2013 | By David Mercer

Over the last 25 years, courts have wrestled with the issue of whether to apply an absolute privilege to preclude…

Publications/ Whitepapers | Settling Insurance Bad Faith

Apr 01, 2013

This article was originally published in The Caucus, a publication by the Florida Academy of Professional Mediators, Inc., Spring, 2013….

Publications/ Whitepapers | From Retaliation By Association: The Expanding Scope Of Viable Retaliation Claims Against Employers

Apr 01, 2013 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly  312-456-1579.

Publications/ Whitepapers | Who Is Entitled To The Claims File?

Mar 28, 2013 | By Janice Buchman

The United States Supreme Court has recognized the “attorney-client privilege” as “one of the oldest recognized privileges for confidential communications,”…

Publications/ Whitepapers | Navigating The Southern Bad-Faith Buffet: Extra-Contractual Liability In The Absence Of Breach Of Contract

Feb 28, 2013 | By T. Nicholas Goanos, L. Andrew Watson

In the Southeast, catastrophic natural disasters have become all too common, and the physical and financial consequences are borne by…

Publications/ Whitepapers | James Birkhold, The Second District’s Clerk

Feb 01, 2013

The following article was originally published in the HCBA Magazine, The Lawyer, February 2013. In addition to establishing the district courts of appeal,…

Publications/ Whitepapers | Bad-Faith’ Discovery: Claim Files, Training Materials, Personnel Files, And The Kitchen Sink

Jan 31, 2013 | By Janice Buchman

A recent discovery order in the federal court case of Signature Development, LLC v. Mid-Continental Casualty Company is illustrative of…

Publications/ Whitepapers | Seventh Circuit Denies Plaintiff’s Motion For Summary Judgment Of Title Vii Claim

Jan 01, 2013 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | Mediation (Resolving Cases With Extra-Contractual Exposure)

Nov 21, 2012

By definition, mediation begins with ‘‘me.” Once conflicting parties have resorted to litigation, they naturally act purely in their own…

Publications/ Whitepapers | Is A Discriminatory Refusal To Rent An Invasion Of The Right Of Private Occupancy?

Nov 05, 2012 | By Julius “Rick” Parker III

This article was originally published in DRI’s The Newsletter of the Insurance Law Committee, November 5, 2012. As the I.S.O….

Publications/ Whitepapers | Ongoing Efforts To Preserve Our Unique Right

Nov 01, 2012 | By Hudson Jones

This article was originally published in DRI’s For the Defense, November 2012. The problem of the vanishing jury trial is a…

Publications/ Whitepapers | Square Pegs In Round Holes: When The Adjustment Process Meets The Evidence Code

Oct 25, 2012 | By Christopher Ramey

If given the chance, most property adjusters would skip the aspect of their job involving litigation. Avoiding lawyers, depositions, and,…

Publications/ Whitepapers | Experts – When To Discuss The Facts And When To Obtain A Report

Oct 01, 2012 | By Mary Jo Kuusela

How many times have you received an expert report without requesting one? It happens more than one would think. Hopefully,…

Publications/ Whitepapers | Social Networking Content Now Protected From Involuntary Disclosure To Employers In Illinois

Oct 01, 2012 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | Seventh Circuit Emphasized The Contextual Evidence Surrounding Use Of Words To Determine If The Usage Reflects A Gender-Derogatory Meaning

Oct 01, 2012 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly  312-456-1579.

Publications/ Whitepapers | Two Districts Of The Illinois Appellate Court Find Covenant Not To Compete Agreements Enforceable Under The Reliable Fire Standard

Oct 01, 2012 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | The High Hurdle To A Spoliation Claim: Is The Evidence Crucial?

Sep 30, 2012 | By William Collum

The following article was originally published in the HCBA Magazine, The Lawyer, September – October 2012. From moldy lunch boxes to deformed 2x4s,…

Publications/ Whitepapers | The Troubles Of Trafalgar : Bad Faith In The Absence Of Breach Of Contract

Sep 27, 2012 | By Timothy Engelbrecht, Thomas Keller

How can a first-party insurer be legally liable for insurance ‘‘bad faith” if it has already been found not to…

Publications/ Whitepapers | The 2012 Women’s Leadership Forum: Paying It Forward And Paying It Back

Sep 01, 2012 | By Denise Anderson, Carol Rooney

“Inspiration to initiate improvement.” That’s what attendees can expect to take away from the CLM’s  2012 Women’s Leadership Forum. The…

Publications/ Whitepapers | Scary Stuff: Insurance Claim Files And Exceptions To The Attorney-Client Privilege

Aug 23, 2012 | By Janice Buchman

I. Introduction In May 2008, we wrote in this Commentary: Are all attorney-client communications contained in such claim files that…

Publications/ Whitepapers | The Vanishing Right To Federal Jurisdiction In Bad Faith Claims In Florida

Jul 26, 2012 | By Julius “Rick” Parker III

On April 25, 2012, the United States District Court for the Southern District of Florida issued its opinion in Moultrop…

Publications/ Whitepapers | Eeoc “Clarifies” That A Complaint For Discrimination Based On Transgender Status Is Cognizable Under Title Vii

Jul 01, 2012 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | Protecting Confidential Communications: Application Of The Attorney-Client Privilege In First-Party Insurance Bad-Cases

May 24, 2012 | By Brian Webb

Discovery of the insurance company’s entire claim file—including confidential communications between the insurer and its attorney—is often the first target…

Publications/ Whitepapers | A Once In A Century Opportunity Meaningfully Amending The Federal Rules Will Improve The Administration Of Justice

May 01, 2012

Failing to adjust the Federal Rules of Civil Procedure to meet the demands of twenty-first century litigation will have significant,…

Publications/ Whitepapers | Creative Methods Used To Set-Up ‘Bad Faith’ Claims — Use Of Multiple Coverage Demands

Apr 26, 2012 | By David Mercer

In the past decade, the bad-faith environment has rapidly shifted from a useful tool used by consumers to protect themselves…

Publications/ Whitepapers | Learning From The 2011 Tornado Season: A Historic Year Of Coverage Lessons For Insurers In 2012

Apr 12, 2012 | By Michael Montgomery

A publication of CLM As natural disasters go, the tornado season of 2011 was one of the worst on the…

Publications/ Whitepapers | Duel Revisited: Are Commercial Trucking Trials Payback Time For Jurors?

Apr 11, 2012 | By Ryan Garrett

This article was originally published in DRI’s In Transit, The Newsletter of the Trucking Committee (Volume 15, Issue 1) I’m…

Publications/ Whitepapers | What Nearly Two Decades As A Subrogation Attorney Has Taught Me About Product Safety

Apr 01, 2012 | By Hobart Hind Jr.

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2012. ©…

Publications/ Whitepapers | Tort Reform Legislation In Alabama

Apr 01, 2012 | By George McMullin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2012. ©…

Publications/ Whitepapers | Are Expert Reports Always Protected By The Work Product Protection? …Maybe Not

Apr 01, 2012 | By Mary Jo Kuusela

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2012. ©…

Publications/ Whitepapers | The Enhanced Injury Doctrine: How The Theory Of Liability Is Addressed In A Comparative Fault World

Apr 01, 2012

In certain motor vehicle accidents,there may be several potentially negligent factors, as well as several contributing causes to the injury…

Publications/ Whitepapers | Made-Whole Interpretations Leave Insurers Feeling Empty

Apr 01, 2012 | By Hobart Hind Jr.

There is a growing trend among state courts to interpret the made-whole doctrine in ways that have the potential to…

Publications/ Whitepapers | A Liability Insurer’s (Almost Absolute) Right To Settle Claims Without The Insured’s Consent

Mar 22, 2012 | By Ryan Hilton

Many cases hold that a liability insurer can settle a claim against its insured without the insured’s consent because the…

Publications/ Whitepapers | Bullock V. Philip Morris Usa, Inc.: Where ‘Reprehensibility’ As An Exception To Constitutional Protections And The Ratio Guidepost Includes The Wealth Of The Defendant

Feb 23, 2012 | By John Garaffa

On November 30, 2011, the California Supreme Court exercised its discretion and let stand a $13.8 million punitive damage award…

Publications/ Whitepapers | “Freedom To Contract” Gives Rise To Big Recovery Opportunities From Policyholders For Self-Insured Retentions, Deductible Reimbursements, Retrospective Premiums And Loss Adjustment Expenses

Feb 14, 2012 | By Dean Rauchwerger

Insurance policies often include language that allows insurers to recover amounts they have advanced for the insured’s benefit. For instance,…

Publications/ Whitepapers | Does The “Case-By-Case” Approach In Florida Apply Only On A Case-By-Case Basis?

Feb 10, 2012 | By Aaron Jacobs, Scott Katz

The “Anti-Subrogation Rule” dictates that an insurer is generally precluded from seeking recovery against its own insured. While this premise…

Publications/ Whitepapers | Best Laid Plans: How The Definition Of “Occurrence” In Cgl Cases Continues To Change

Jan 30, 2012 | By Ryan Hilton

Some courts have held that faulty workmanship or improper construction is not an “occurrence” because it is not an “accident.”2 Other…

Publications/ Whitepapers | Who Killed Reverse Bad Faith? And Why It Could Make A Comeback

Jan 26, 2012

In every state in the union an insured can seek some form of compensation for an insurer’s ‘‘bad faith’’ in…

Publications/ Whitepapers | The Stay Of Judgments And Proceedings In Florida State Courts

Jan 04, 2012 | By Anthony Russo

Editor’s Note: Anthony J. Russo is a partner with Butler in Tampa. He has been board certified in appellate practice since 2002….

Publications/ Whitepapers | U.S. Supreme Court Denies Class Certification To A Putative Class Of 1.5 Million Wal-Mart Employees

Jan 01, 2012 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | A Wolf In Sheep’s Clothing (Insurers Should Be Vigilant In Florida)

Dec 22, 2011

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #16…

Publications/ Whitepapers | Defending Sleep Apnea Claims In Trucking Litigation

Dec 11, 2011 | By Eric Zivitz

Eric M. Zivitz is a partner at Butler in the firm’s Miami, Florida office. He devotes his practice to the…

Publications/ Whitepapers | Proximate Causation In Third-Party Bad Faith: Not Every Bad Decision Is A Bad-Faith Suit

Nov 23, 2011 | By James Michael Shaw , Jr.

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #14…

Publications/ Whitepapers | If At First You Don’t Succeed, Should You Try Again?

Nov 01, 2011 | By Carol Rooney

Note: Carol Rooney is a partner with Butler in Tampa, where she practices complex commercial litigation and related appeals. She…

Publications/ Whitepapers | Recent Application Of State Farm V. Campbell In Bad-Faith Cases

Oct 27, 2011

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #10…

Publications/ Whitepapers | Litigation Is Not Always The Only Option

Oct 04, 2011 | By Matthew Peaire

his article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall, 2011. ©…

Publications/ Whitepapers | Whitepapers

Sep 16, 2011

APRIL 02, 2020 | WHITEPAPER | CORONAVIRUS AND PROPERTY INSURANCE POLICIES The novel coronavirus (COVID-19) is a respiratory disease that…

Publications/ Whitepapers | Applying The Litigation Privilege In Bad-Faith Cases

Aug 25, 2011 | By Brian Webb

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #8 (August 25,…

Publications/ Whitepapers | Determining Coverage In Property Insurance Policies- New Appleman On Insurance Law Library Edition, Chapter 42

Aug 15, 2011 | By John Garaffa, Kathy Maus

Abstract Of Chapter 42 This chapter addresses the issues that can govern whether the loss or damage to particular property…

Publications/ Whitepapers | The Insurer’s Bill Of Rights (A Balance Of Power)

Jul 28, 2011

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #6 (July 28,…

Publications/ Whitepapers | Seventh Circuit Upholds District Court’s Finding Of Disparate Impact In Hiring Of City Of Chicago Firefighters

Jul 01, 2011 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly  312-456-1579.

Publications/ Whitepapers | Choice-Of-Law Principles Affecting Insurance Bad-Faith Claims

Jun 23, 2011 | By Ryan Hilton

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #5 (June 23,…

Publications/ Whitepapers | Recent Developments In Property Insurance Coverage Litigation

Jun 23, 2011 | By William (Bill) Lewis, Carol Rooney

Tort Trial & Insurance Practice Law Journal (Winter 2011 • Volume 46:2).  Copyright © 2011 American Bar Association.  All Rights Reserved.  Reprinted by…

Publications/ Whitepapers | Raising The Roof: What’s Hot In Construction Defect Litigation

Apr 01, 2011 | By Kathy Maus, Julius “Rick” Parker III

Kathy J. Maus is a partner with Butler Weihmuller Katz Craig LLP, having joined the firm in 1991. Julius F….

Publications/ Whitepapers | The Conflict Pca: When An Affirmance Without Opinion Conflicts With A Written Opinion

Apr 01, 2011

This article was submitted on behalf of the Appellate Practice Section of the Florida Bar. April 2011, Volume 85, No.4

Publications/ Whitepapers | The Duty To Initiate Settlement Negotiations: Where Does It Begin And How Far Does It Go

Feb 24, 2011 | By James Michael Shaw , Jr.

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #20 (February…

Publications/ Whitepapers | Seventh Circuit Affirms Summary Judgment In Race Discrimination Case

Jan 01, 2011 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | Does Policy Reformation Create A Retroactive Bad-Faith Claim

Dec 23, 2010

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #16 (December 23,…

Publications/ Whitepapers | Splitting The Baby: The Insurer’s Duty To Notify The Insured Of The Need For An Allocated Verdict

Dec 09, 2010 | By Kimberly Ramey, Fay Ryan

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #15 (December 9,…

Publications/ Whitepapers | Pitfalls For The Unwary: The Use Of Releases To Preserve Or Extinguish Any Potential Bad-Faith Claims Between The Primary And Excess Insurance Carriers

Nov 24, 2010 | By David Mercer

Butler Weihmuller Katz Craig LLP This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance…

Publications/ Whitepapers | Aia Subrogation Waivers: Reason Reigns Supreme In Maryland

Nov 17, 2010 | By Scott Katz

This articles was originally published in Claim’s Magazine Vol. 58, #11 (November, 2010).  Court decisions concerning the scope and application of…

Publications/ Whitepapers | 2010 Annual Conference Committee Report

Oct 14, 2010 | By Hobart Hind Jr.

NASP’s 12th Annual Conference, being held November 7-10 at the Gaylord Resort in Grapevine, Texas IS RIGHT AROUND THE CORNER….

Publications/ Whitepapers | Workers’ Compensation Lien Pursuant To §440.39(3)(A) Fla. Stat. Limited In Breadth

Oct 14, 2010 | By George McMullin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall, 2010. ©…

Publications/ Whitepapers | First-Party Insurance And Bankruptcy

Oct 01, 2010

(TIPS Property Insurance Law Committee – 2010 Fall Newsletter). Copyright © 2010 American Bar Association.  All Rights Reserved.  Reprinted by permission. …

Publications/ Whitepapers | Seventh Circuit Upholds Jury Verdict In Favor Of Plaintiff In Retaliatory Discharge Case

Oct 01, 2010 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly  312-456-1579.

Publications/ Whitepapers | We Said What We Meant And We Meant What We Said! — Enforcing Contract Language Despite Assertions Of Bad Faith And Insurer ‘Misconduct’ During The Adjustment Of The Claim

Sep 23, 2010 | By John Garaffa, Jason Seitz

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #10 (September…

Publications/ Whitepapers | Chinese-Drywall Cases And Their Impact On Liability-Insurance Carriers In Settling Multiple Claims In Good Faith Against Their Insureds In Certain State Courts

Aug 26, 2010 | By Ryan Hilton

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #8 (August…

Publications/ Whitepapers | Bad Faith – Variations On A Theme

Jul 29, 2010 | By Julius “Rick” Parker III

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #6 (July…

Publications/ Whitepapers | Maryland Court Holds Waiver Of Subrogation Contract Language Does Not Bar Recovery After Project Completion And Final Payment

Jul 08, 2010 | By Mary Jo Kuusela

State Specific: Maryland Maryland Court Holds Waiver of Subrogation Contract Language Does Not Bar Recovery After Project Completion and Final…

Publications/ Whitepapers | Florida Again Rejects The Sutton Rule

Jul 08, 2010 | By Sean Ravenel

 This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010.  Reprinted by permission. State Specific | Florida In…

Publications/ Whitepapers | Arbitration Of Construction Defect Claims

Jul 08, 2010 | By Hobart Hind Jr., George McMullin

This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010.  Reprinted by permission. Arbitration Forums, Inc. and Construction Defects…

Publications/ Whitepapers | Florida Legislature Increases The Statutory Limits On Liability For Tort Claims Against The State And Its State Agencies

Jul 07, 2010 | By Matthew Peaire

This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010.  Reprinted by permission. Historically, in Florida, tort claims…

Publications/ Whitepapers | Bad Faith And Beyond: A Business Law Primer For Insurers

May 27, 2010

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #2 (May…

Publications/ Whitepapers | Perera V. United States Fidelity & Guaranty Co.

May 27, 2010 | By Kathy Maus

Perera v. USF&G, ___ So. 3d ___, 2010 WL 1791151 (Fla. 2010) This opinion has not been released for publication. Until…

Publications/ Whitepapers | Don’t Cut Corners On Proper Notice…It Matters!

May 24, 2010 | By Mary Jo Kuusela

This article was originally published in NASP’s Subrogator publication, Winter 2010. © 2010.  Reprinted by permission. Contact the authors for the full…

Publications/ Whitepapers | (Almost) Twenty Years After Powell: Case Studies On A Liability Insurer’s Duty To Initiate Settlement Negotiations

May 13, 2010 | By James Michael Shaw , Jr.

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #1 (May…

Publications/ Whitepapers | A New Profit Center In The Economic Downturn

May 01, 2010 | By John Garaffa

Litigation concerning benefits for business interruption is seldom an exciting spectator sport. However, Safeguard Storage Properties LLC v. Donahue Favret Contractors,…

Publications/ Whitepapers | Is The Increased Cost To Repair Undamaged Portions Of The Structure A Consequence Of Enforcement Of Building, Zoning Or Land Use Ordinance Or Law?

Apr 23, 2010 | By Jason Seitz

This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…

Publications/ Whitepapers | When Does It End? The Claim For Unlimited Business Interruption

Apr 23, 2010 | By John Garaffa

This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…

Publications/ Whitepapers | Is A Claim For Breach Of Implied Warranty Of Good Faith And Fair Dealing Distinct From A Bad Faith Action In A First-Party Insurance Claim In Florida?

Apr 23, 2010 | By Sarah Burke

This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…

Publications/ Whitepapers | How Speculative Is Speculative? Testing The Limits Of Business Interruption Coverage

Apr 23, 2010 | By John Garaffa

This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…

Publications/ Whitepapers | Lewis F. Collins, Jr.: A Year Of Accomplishment – Keeping Lcj Focused On Procedural Rule Reform

Apr 01, 2010

Lewis F. Collins, Jr.: A Year Of Accomplishment – Keeping LCJ Focused On Procedural Rule Reform By Lewis Collins

Publications/ Whitepapers | Breaking Down Privileges: Discovery Of The Claim File In Florida Bad-Faith Actions

Mar 25, 2010 | By David Krouk

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #22 (March…

Publications/ Whitepapers | Extracontractual Recovery Without Bad Faith

Feb 25, 2010 | By James Michael Shaw , Jr.

Extracontractual Recovery Without Bad Faith: What Every Insurer Needs To Know About Insurance Intermediaries’ Liability To Insureds This is one…

Publications/ Whitepapers | State Specific: North Carolina

Feb 01, 2010 | By George McMullin, Peter Vogt

North Carolina Extends Statute of Repose Period for Products Liability Claims This article was originally published in NASP’s Subrogator publication,…

Publications/ Whitepapers | A Look Back At Some Of 2009s Significant Bad Faith Decisions

Jan 28, 2010 | By Kimberly Ramey, Fay Ryan

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #18 (January…

Publications/ Whitepapers | The Learned Intermediary Doctrine: An Update

Jan 01, 2010 | By Carol Rooney

This article was original published in Trial Advocate Quarterly, a publication of the Florida Defense Lawyers Association, Volume 30, Number…

Publications/ Whitepapers | Plaintiff Fails To Maintain Retaliatory Discharge Claim Based On Public Policy Of “Patient Safety”

Jan 01, 2010 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | The Likelihood Of Success (Or Failure) — The Evaluation Of Judgments For Appeal

Nov 01, 2009 | By Anthony Russo

The Likelihood of Success (or Failure) — The Evaluation of Judgments for Appeal This article was originally published in For…

Publications/ Whitepapers | Lawyers For Civil Justice: Marshalling Legal Expertise To Meet The Challenges Of Civil Justice Reform

Nov 01, 2009

Originally published in The Metropolitan Corporate Counsel, Special Section, Civil Justice Reform.  Reprinted with permission.  © 2009.

Publications/ Whitepapers | The Daubert Tango: “Recent Developments In Fire And Explosion Litigation”

Oct 29, 2009 | By Dean Rauchwerger

In 1923, the Court of Appeals for the District of Columbia, affirming the exclusion of an expert witness at trial,…

Publications/ Whitepapers | Does An Insured Owe A Duty Of Good Faith To Its Insurer When The Insured Is Responsible For Defense Costs In A Self-Insured Retention?

Oct 22, 2009 | By Ryan Hilton

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #12,…

Publications/ Whitepapers | Fairly Debatable?

Aug 27, 2009 | By Julius “Rick” Parker III

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #8,…

Publications/ Whitepapers | Writ Of Certiorari Dismissed As Improvidently Granted — The Ambiguous End To Philip Morris Usa, Inc. V. Williams

Jul 30, 2009 | By John Garaffa

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #6,…

Publications/ Whitepapers | Spoliation Of Evidence – A Summary Of Killings V. Enterprise Leasing Company, Inc., 2008 Wl 4967412 (Ala. 2008)

Jun 01, 2009 | By Matthew Peaire

Spoliation of Evidence This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals,…

Publications/ Whitepapers | Arbitrary And Capricious

Apr 23, 2009 | By Christopher Ramey

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #24,…

Publications/ Whitepapers | U.S. Supreme Court Extends Title Vii’s Anti-Retaliation Provision To Complaints Made Upon Employer’s Inquiry

Apr 01, 2009

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly  312-456-1579.

Publications/ Whitepapers | Florida’s Bad Faith Quagmire: Is Summary Judgment Ever Available?

Mar 26, 2009

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #22…

Publications/ Whitepapers | Is Abnormal Becoming The New Normal In Alabama?

Feb 26, 2009 | By Michael Montgomery

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #20…

Publications/ Whitepapers | What Happens When You Cross The State Line?

Jan 02, 2009 | By Ryan Garrett

This article was originally published in For The Defense magazine, January 2009, Vol. 51, No. 1, page 26.  Copyright ©…

Publications/ Whitepapers | Employee Who Surreptitiously Recorded Meeting Failed To Establish Prima Facie Case Of Retaliation Under Title Vii

Jan 01, 2009 | By Geoffrey Waguespack

If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.

Publications/ Whitepapers | Unreasonable Consent Judgments; What Next?

Nov 25, 2008 | By Julius “Rick” Parker III

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #14,…

Publications/ Whitepapers | Landing The Knockout Punch: Contacting Another Party’s Current And Former Employees Within The Ropes

Oct 07, 2008 | By Dean Rauchwerger

Winning litigation requires that you and your counsel land the devastating uppercuts at the key moments in the fight. Big…

Publications/ Whitepapers | Torts For Tots (Bad Faith And Other Independent Torts)

Aug 28, 2008

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #8…

Publications/ Whitepapers | Exxon Shipping Co. V. Baker: Sailing Into The Confluence Of Common Law And Constitutional Standards For Punitive Damages

Jul 15, 2008 | By John Garaffa

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #6,…

Publications/ Whitepapers | Consequential Damages Under The Insurance Contract — The New “Bad Faith?”

Jun 17, 2008 | By Carol Rooney

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 21, #28…

Publications/ Whitepapers | Ripe For Campbell Review: A Florida Uninsured Motorist Claimant’s Statutory Right To Recover Excess Verdict Damages In A Bad Faith Action

Jan 22, 2008 | By J. Pablo Cáceres, Christopher Ramey

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Punitive Damages – The Rationale Of Ratios

Dec 18, 2007

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Drowning In Black Water: Water Restoration Contractors’ Deviations From Industry Good Practices & Standards Of Care Trigger Potential Mold Liabilities

Dec 03, 2007 | By Dean Rauchwerger

Entry of errant water into a building or other structure can lead to serious mold problems, physical damages and substantial…

Publications/ Whitepapers | Alabama Limits Subrogation Rights Under Wrongful Death Statute

Oct 01, 2007 | By Michael Montgomery

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall, 2007. ©…

Publications/ Whitepapers | A Tale Of Three Deductibles And Six Words: Florida Federal Court Upholds Insurers’ Interpretation Of Hurricane Deductibles In Absence Of Genuine Policy Ambiguity

Aug 21, 2007

By: Gina G. Smith, Butler Weihmuller Katz Craig LLP, 3600 Maclay Blvd., Tallahassee, FL 32312, 850-894-4111, gsmith@butler.legal Within a 30-day…

Publications/ Whitepapers | Ethics: Concerns About Lawyer Competency In The Brave New World Of Electronic Discovery

Aug 01, 2007 | By John Garaffa

Introduction As one court has characterized it, “a ‘certificate of admission to the bar’ is a pilot’s license which authorizes…

Publications/ Whitepapers | Oxymoronic (“Tortious Breach Of Contract”)

Jun 24, 2007

By:  Alan J. Nisberg This is one of a series of articles under the by line “Butler on Bad Faith”…

Publications/ Whitepapers | Williams V. Philip Morris Inc. Ii – The Fog Of Legal Rationale

Jun 19, 2007 | By John Garaffa

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Hindsight Vs. Foresight: The Adjustment Of Business Income Claims

May 01, 2007 | By W. Douglas Berry, Thomas Keller

A Debate Renewed This article was originally published in For The Defense, May 2007, Vol. 49, No. 5.  Reprinted by permission….

Publications/ Whitepapers | Nanotechnology: Promise Or Pandora’s Box?

May 01, 2007

By Charles E. Reynolds, II This article was originally published in In-House Defense Quarterly, Spring 2007, Vol. 2, No. 2.  Reprinted…

Publications/ Whitepapers | What The Heck Is An Ensuing Loss?

Apr 05, 2007 | By William (Bill) Lewis

I. Introduction The idea of “ensuing loss” sounds so simple. It is a loss that ensues from an earlier loss….

Publications/ Whitepapers | Caveat Insuror

Mar 20, 2007 | By Julius “Rick” Parker III

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | The Scope Of Ongoing Operations Additional Insured Endorsements: Broader Than Expected

Feb 07, 2007

This article was originally published by the International Risk Management Institute, February 2007 edition.  © Copyright by IRMI.  http://www.irmi.com Additional insured endorsements come…

Publications/ Whitepapers | Florida’s Legislature Abolishes Joint And Several Liability

Feb 01, 2007 | By Scott Katz

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page…

Publications/ Whitepapers | Florida Legislature Again Changes The Requirements For Making A Construction Defect Claim

Feb 01, 2007 | By Scott Katz, Matthew Peaire

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page…

Publications/ Whitepapers | Pushing The Envelope: Exploring The Newest Trends In Bad Faith Exposure In Automobile Cases

Jan 01, 2007 | By Kathy Maus, Julius “Rick” Parker III

Kathy J. Maus is a partner with Butler Weihmuller Katz Craig LLP, having joined the firm in 1991. Julius F….

Publications/ Whitepapers | Underwriters Laboratories—The Forgotten Island In The Litigation Seas—”Full Of Fruit”—For Bolstering Or Undercutting Product Integrity

Dec 05, 2006 | By Dean Rauchwerger

Underwriters Laboratories Inc. (“UL”) is a nonprofit organization conducting product safety evaluations. UL Marks are on 19 billion products ( www.ul.com )….

Publications/ Whitepapers | Attacking The Admission Of Osi Evidence

Dec 01, 2006

In product liability lawsuits, plaintiffs frequently seek to admit evidence of other incidents involving the same product alleged to be…

Publications/ Whitepapers | Subrogating Hurricane Claims

Nov 12, 2006 | By Scott Katz

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page…

Publications/ Whitepapers | Something Old…Something New…: The Availability Of “Sentimental Value” Damages In Courts Throughout The United States

Oct 01, 2006 | By Denise Anderson

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall 2006, Page 49. ©…

Publications/ Whitepapers | Product Liability: The Top 30 Hooks!

Oct 01, 2006

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Remanded In Light Of State Farm V. Campbell: The Opportunity For Further Illumination Presented By Williams V. Philip Morris Inc

Sep 19, 2006 | By John Garaffa

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Most Favored Nation Clauses – “The Ultimate Double Edged Sword”

Sep 01, 2006

This article was originally published in the IADC Newsletter, September 2006, No. 2. © Copyright 2006 by IADC. All rights…

Publications/ Whitepapers | The Big Daubert Hurdles In Fire & Explosion Litigation

Aug 01, 2006 | By Dean Rauchwerger

Over a decade has passed since the U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579…

Publications/ Whitepapers | Pre-Tender Defense Costs: Who Pays?

Jul 01, 2006

International Risk Management Institute (©Copyright July 2006) (with Rebecca Applebaum)  Please contact the attorney for a copy of the article….

Publications/ Whitepapers | Selected Third-Party Bad Faith Liability Standards Governing Failure To Settle Cases

Jun 15, 2006

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | A Product Supplier’s Liability Exposure For Noncompliance With Its Obligation Under The Consumer Product Safety Act And Related Alternative Statutory Authorities

Jun 05, 2006 | By Dean Rauchwerger

Manufacturers, importers, distributors and retailers have the obligation to place only those products that are safe for use into the…

Publications/ Whitepapers | “Top-Dog” Depositions The Hurdles To Overcome

May 09, 2006 | By Dean Rauchwerger

High-level executives are frequently sought to be deposed because of their unique corporate roles for, inter alia, policy making, corporate…

Publications/ Whitepapers | Taking A Closer Look For Deep Pockets

May 09, 2006 | By Dean Rauchwerger

A CORPORATION is a legal entity created by filing certain documents with the state. It offers many benefits that are…

Publications/ Whitepapers | Alternative Ways To Use Evidence Of “Other Conduct” That Would Otherwise Not Be Admitted

May 01, 2006 | By Dean Rauchwerger

In developing your case, as plaintiff or defendant, it is important to appreciate the various alternative ways for opening the…

Publications/ Whitepapers | Achilles’ Heel: First-Party Property “Bad-Faith” Damages

Apr 18, 2006 | By Thomas Keller

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | The Uncertain Scope Of “Hurricane Damage” Under State Valued Policy Laws

Apr 01, 2006 | By John Garaffa

State Valued Policy Laws, 41 Tort Trial & Ins. Prac. L.J. 943 (Spring 2006).  © 2006 Reprinted by permission.  This…

Publications/ Whitepapers | Are Products Advertisements That Give Rise To Advertising Injury Coverage?

Apr 01, 2006 | By Caroline Adams

International Risk Management Institute (©Copyright April 2006) (with Rebecca C. Appelbaum)  http://www.irmi.com

Publications/ Whitepapers | Recent Change In Florida’s Spoliation Law

Apr 01, 2006 | By George McMullin

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2006, Page…

Publications/ Whitepapers | The Implied Covenant Of Good Faith And Fair Dealing

Feb 21, 2006

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Getting The Winning Edge: Appreciating The Permissible Boundaries, In Qui Tam And Other Litigation Contexts, For Contactiong Your Adversary’s Current & Former Employees

Jan 03, 2006 | By Dean Rauchwerger

To say the least, litigation is frequently competitive, hard-fought and fraught with many hurdles. Developing a winning case requires that…

Publications/ Whitepapers | Allocation Of Damages For Ongoing Losses Over Multiple Policies — Who Pays And How Much

Jan 01, 2006

International Risk Management Institute (©Copyright January 2006) (with Rebecca C. Appelbaum)  Please contact the attorney for a copy of the…

Publications/ Whitepapers | Recent Developments In Property Insurance Law

Dec 01, 2005 | By K. Clark Schirle

For the full version of the article, please contact the author.

Publications/ Whitepapers | Courageous Whistleblowers Are Not “Left Out In The Cold”: Legitimate Justifications Exist For Collecting Evidence Of False Claims Act Violations

Oct 25, 2005 | By Dean Rauchwerger

I. Introduction It is the courage of whistleblowers, standing up in the face of great adversity and overwhelming pressure to…

Publications/ Whitepapers | The Scope Of The Prior Publication Exclusion: Now You See It, Now You Don’t

Oct 01, 2005

International Risk Management Institute (©Copyright October 2005) (with Rebecca C. Appelbaum)  Please contact the attorney for a copy of the…

Publications/ Whitepapers | Fire Department Negligence Not Considered Intervening Cause In Franklin County, Ohio

Oct 01, 2005 | By George McMullin, Matthew Peaire

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall 2005, Page…

Publications/ Whitepapers | Florida’s “Valued Policy” Law – The Eye Of The Storm

Jul 01, 2005 | By John Garaffa

Hurricanes Charley, Frances, Ivan, and Jeanne have once again brought Florida insurance law under the microscope. In the midst of…

Publications/ Whitepapers | An Insurer’s Liability For Punitive Damages In An Excess Judgment

Jun 07, 2005

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | How “What We Learned In Little League” Paves The Way For Winning Litigation!”

May 03, 2005 | By Dean Rauchwerger

As in baseball, whether being the batter, pitcher, or outfielder, successful litigation requires a strong belief and conviction that one…

Publications/ Whitepapers | Practical Considerations In The Defense Of Rollover Accident And Rops Defect Claims

May 01, 2005

Despite the prevalence of rollover protective structures (“ROPS”) on agricultural and construction equipment manufactured over the last two decades, claims…

Publications/ Whitepapers | Building Your Product Liability Claim: A Product Supplier’s Obligations Under The Consumer Product Safety Act

May 01, 2005

If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.

Publications/ Whitepapers | Detours: Campbell Stops At The Willow Inn

Apr 19, 2005

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Live . . . From The House Of Subrogation!

Apr 01, 2005 | By Scott Katz

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…

Publications/ Whitepapers | Florida’s Supreme Court Finally Brings Clarity To The Economic Loss Rule

Apr 01, 2005 | By Scott Katz, Carol Rooney

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…

Publications/ Whitepapers | Florida’s “Made Whole” Doctrine: Returning A Portion Of The Insured’s Deductible Is Permissible – For Now!

Apr 01, 2005 | By Scott Katz, Mary Jo Kuusela

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…

Publications/ Whitepapers | New Amendments To Florida Law For Making Claims Against Contractors For Construction Defects

Apr 01, 2005 | By Scott Katz, Matthew Peaire

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…

Publications/ Whitepapers | The Timely Demise Of Excess Judgments (Probate Nonclaim Statutes)

Mar 22, 2005 | By Caroline Adams

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Piece Of Mind: The Utah Supreme Court’s Response To Campbell

Jan 18, 2005 | By John Garaffa

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Spoliation Of Evidence – Limiting The Duty To Preserve

Jan 01, 2005 | By Scott Katz, Mary Jo Kuusela

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Summer, 2009, Page…

Publications/ Whitepapers | Hospital Lien Laws And Personal Injury Settlements

Nov 16, 2004 | By Ryan Hilton

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Forcing The Issue: Virginia Courts Begin To Expand Recoveries In Tort Between Parties To A Contract

Oct 01, 2004 | By Hobart Hind Jr., Sean Ravenel

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall 2004, Page…

Publications/ Whitepapers | The Continuing Need For De Novo Review Of Punitive Damage Awards — Liggett Group, Inc. V. Engle

Jul 07, 2004 | By John Garaffa

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | New Florida Law Changes Procedure For Making Claims Against Contractors For Construction Defects

Feb 01, 2004 | By Scott Katz, Matthew Peaire

This article was originally published in NASP Subrogator Magazine, February 2004, p. 68. © Copyright Butler 2004. Florida Governor Jeb…

Publications/ Whitepapers | Do Liability Insurers Have A Duty To Make An Offer Where There Is No Claim Against The Insured?

Jan 21, 2004 | By Ryan Hilton

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Going Toe-To-Toe With Your Opposing Expert

Jan 06, 2004 | By Dean Rauchwerger

Experts oftentimes make or break cases.  As knowledge and science have grown, so has the range of experts that parties…

Publications/ Whitepapers | Juggling Multiple Claims With Inadequate Limits

Oct 15, 2003

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Reflections – Thirty Years After Gruenberg V. Aetna Ins. Co.

Aug 13, 2003 | By John Garaffa

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | What Is A “Reasonable” Settlement When There Are Multiple Claimants?

Jul 16, 2003

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Appraising Windstorm Claims

Jun 18, 2003 | By Matthew Peaire

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | The Current State Of Comparative Bad Faith

Apr 16, 2003 | By David Krouk, John Weihmuller

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | “Advice Of Counsel” – Defense Or Defeat

Mar 19, 2003 | By Scott Frank

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s Litigation Report: Insurance…

Publications/ Whitepapers | Evolving Trends In Calculating Acv And Replacement Cost

Mar 13, 2003 | By William (Bill) Lewis

I.  Introduction Assuming that a loss falls with the terms and conditions of the insurance policy and is a covered…

Publications/ Whitepapers | Institutional Bad Faith: Individual Or Class Action Litigation (All For One? – Or – One For All?)

Feb 19, 2003

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Anger And Punishment

Jan 22, 2003 | By Matthew Peaire

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Can It Be ‘Bad Faith’ For An Insurer To File A Declaratory Action?

Dec 18, 2002 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | The Contagion Of Example: Attacking The Root Of The Problem In Lawyer Professionalism

Nov 01, 2002 | By Sean Ravenel

This article was originally published in “The Federal Lawyer,” Nov/Dec 2002, Volume 49, Number Ten, Page 31. © Copyright 2002…

Publications/ Whitepapers | Time Bombs

Oct 23, 2002 | By David Krouk

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Overcoming Limitation Of Liability Clauses In Commercial Warehouse Storage Contracts

Oct 01, 2002 | By Sean Ravenel

Contained within the boilerplate language of most, if not all, commercial warehouse storage agreements is a clause limiting liability for…

Publications/ Whitepapers | Spoliation As Bad Faith

Sep 18, 2002 | By Scott Katz

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Fire Scene Spoliation: Have We Gone Too Far?

Jun 01, 2002 | By Scott Katz

This article was published in For The Defense, Vol. 44, No. 6, June 2002. © Copyright 2002 Defense Research Institute,…

Publications/ Whitepapers | Seventh Circuit Court Of Appeals Finds “Independent” Insurance Broker To Be Intermediary Of Insured, Barring Coverage And Bad Faith Claims

Apr 17, 2002 | By William (Bill) Lewis

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Recognizing Subtle Exposures To Avoid Bad Faith Claims

Nov 21, 2001

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Justices: Please Take This Case!

Oct 17, 2001 | By Fay Ryan

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Additional Insured Coverage And Bad Faith

Sep 19, 2001

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Resolution Of The Underlying Claim As A Prerequisite To Bad Faith

Aug 18, 2001 | By David Krouk

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Diminished Value In Auto Damage Claims

Mar 21, 2001 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s Litigation…

Publications/ Whitepapers | Possible Bad Faith In The Allocation Of Coverage For Third Party Continuous Loss Claims

Feb 21, 2001 | By Caroline Adams

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Raising The Coverage Defense In The Bad Faith Case

Oct 24, 2000 | By Kathy Maus

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Is It Bad Faith To Settle Covered Claims Only

Aug 22, 2000 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Level The Playing Field: Abate Or Stay The Bad Faith Action Pending Resolution Of The Underlying Liability Or Coverage Case

Jul 25, 2000

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | The Public Adjuster’s Perspective

Jun 20, 2000 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Contractors’ Bonds: Who Can Sue The Surety For Bad Faith?

May 19, 2000 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Three Reasons Why Loss Reserves Ought Not Be Admissible In A Bad Faith Case

Apr 18, 2000 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Issue Revisited: Who Can Sue The Surety For Bad Faith Under A Construction Bond?

Mar 01, 2000 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Perfunctory Defense

Feb 15, 2000 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Bad Faith Findings In The Absence Of Coverage

Jan 01, 2000 | By Kathy Maus

This article was published in For the Defense Vol. 42, No. 1, January 2000. © Copyright 2000 Defense Research Institute,…

Publications/ Whitepapers | Evaluating Expert Testimony With Respect To Medical Causation: The Use Of Epidemiological Studies In Court

Jan 01, 2000

In toxic tort cases, medical causation is often the plaintiff’s most difficult element of proof. The first hurdle a plaintiff…

Publications/ Whitepapers | Malicious Defense

Dec 21, 1999 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Why A First Party Insurer Is Not A Fiduciary

Nov 16, 1999 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | The Duty Of Good Faith: Continuing Into Litigation

Oct 19, 1999 | By Brian Webb, John Weihmuller

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Good Faith Settlement Of Claims In Excess Of Policy Limits Against Multiple Insureds

Sep 21, 1999

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Multiple Claims Exceeding The Policy Limits

Aug 17, 1999 | By John Weihmuller

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Advice Of Counsel: Insurance Companies’ First And Last Line Of Defense / Mealey’s Litigation Reports: Bad Faith

Jul 20, 1999 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Standard Of Care In First Party Bad Faith Actions: Is “Fairly Debatable” Fair?

Jul 01, 1999 | By Lee Craig, Kathy Maus, Brian Webb

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Statute Of Limitations In A Bad Faith Action: Which One Applies And When Does It Accrue?

Mar 16, 1999 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Duty Of Insurers To Advise Insureds Of Policy Benefits

Jan 19, 1999

Introduction This article considers whether an insurer has a duty to advise an insured of policy benefits not claimed. Some…

Publications/ Whitepapers | Federal Preemption Of Extracontractual Claims Under Flood Insurance Policies

Dec 15, 1998 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Supplement To Federal Preemption Of Extracontractual Claims Under Flood Insurance Policies

Dec 14, 1998 | By Lee Craig

This is a supplement to the December 1998 article published in Mealey’s Litigation Reports: Bad Faith on “Federal Preemption of…

Publications/ Whitepapers | The Expanding Scope Of Discovery In Bad Faith Cases

Nov 17, 1998 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Does A Liability Insurer Have A Duty To Initiate Settlement Negotiations?

Oct 20, 1998 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Choice Of Law In Bad Faith Cases

Aug 18, 1998 | By Lee Craig

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Recovery Of Damages For Emotional Distress In Tort, Contract And Statutory Bad Faith Actions

Jul 21, 1998 | By Lee Craig, J. Pablo Cáceres

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…

Publications/ Whitepapers | Discovery Issues In Bad Faith Cases

Jan 01, 1996

Mr. Rawls is a contributing author of the chapter entitled “Discovery Issues in Bad Faith Cases,” Recurring Issues in Insurance…

Publications/ Whitepapers | Civility In Depositions – Hardball Strikes Out – Improper Objections And Tactics During Depositions

Mar 01, 1995

This article was originally published as Civility In Depositions – Hard Ball Strikes Out, as part of the Course Book for the…

Publications/ Whitepapers | Attacking The Consent Judgment: Corralling The Horse That Gets Out Of The Barn

Jan 01, 1993 | By John Weihmuller

Defense Research Institute, 1993 (Steve Rawls as an uncredited author with John Weihmuller)  http://www.dri.org

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