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Blog Posts | Order Denying Motion to Dismiss under Florida’s Notice of Intent Statute Reviewable by Certiorari
Sep 20, 2024 | By Jamal McBroom, IV, Vincent Fernandez
Florida’s Third District Court of Appeal recently exercised its discretionary jurisdiction and granted review of an order denying a carrier’s…
Blog Posts | The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute
Sep 20, 2024 | By Vincent Fernandez, Shaheen Nouri
Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth…
Publications/ Whitepapers | Barry Burkett & Abraham Shakfeh Featured in FDLA Trial Advocate Publication
Sep 12, 2024 | By Barry Burkett, Abraham Mohammad Shakfeh
To Err is Human; Knowing Who to Blame is Risk Transfer Congratulations to Senior Associates Barry Burkett and Abraham Shakfeh…
Blog Posts | Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions
Sep 10, 2024 | By Mihaela Cabulea, Vincent Fernandez
Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal…
Publications/ Whitepapers | Partner Fay Ryan Published in CLM Article
Sep 06, 2024 | By Fay Ryan
Congratulations to Tampa Partner Fay Ryan whose article “Claimants Can’t Have Their Cake and Eat It Too” was recently published…
Publications/ Whitepapers | Michael Savett Quoted in Business Insurance Article – DOJ whistleblower program puts investigation coverage in focus
Sep 05, 2024 | By Michael Savett
Philadelphia Partner Michael Savett was recently quoted in a Business Insurance article discussing the implications of the U.S. Department of…
News, Podcasts | Subro Sense Podcast S05E01 | Subrogation in a Solar World
Aug 28, 2024 | By Aaron Jacobs
Throughout the last few years, the notion of solar energy has become more prevalent in just about every walk of…
News, Publications/ Whitepapers | Matt Lavisky and Mihaela Cabulea Featured in Insurance Law Article
Aug 21, 2024 | By Matthew Lavisky, Mihaela Cabulea
Tampa Partners Matt Lavisky and Mihaela Cabulea were recently featured in this Insurance Journal article detailing a recent ruling by…
Publications/ Whitepapers | Samantha Wuschke Article Featured in The Florida Bar
Aug 16, 2024 | By Samantha Wuschke
Tallahassee Associate Samantha Wushcke recently authored an article titled “Tipsy Coachman Trends Requiring Appellee Preservation” for the Florida Bar website,…
Blog Posts, News | Claimants Can’t Have Their Cake and Eat it Too
Aug 12, 2024 | By Fay Ryan
Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy In a rarely seen…
Publications/ Whitepapers | Partner Michael Savett Quoted in Law360 Article – Growth In Captives Gives Insureds More Control, Experts Say
Aug 02, 2024 | By Michael Savett
Philadelphia Partner Michael Savett was quoted in a recent article discussing the rising interest in captive insurance as a solution…
Blog Posts | Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period
Jul 29, 2024 | By Patrick Lindley
Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that…
Blog Posts | New Florida Case Affects Recoverable Damages in Homeowner’s Insurance Cases
Jul 26, 2024 | By Shaheen Nouri
A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits. In Universal Property & Casualty Insurance…
Blog Posts | Carrier’s Proof of Loss Form May Be a Mandatory Post-Loss Obligation in Commercial Claims
Jul 09, 2024 | By Shaheen Nouri
Submitting a proof of loss using a carrier’s approved proof of loss form may be a mandatory post-loss obligation…
News, Publications/ Whitepapers | Get on Board or Miss Out
Jun 28, 2024 | By Denise Anderson
The Future of AI in Construction: Opportunities and Risks Co-authored by Managing Partner Denise Anderson, our latest article delves into…
Blog Posts, News | Sweeping Changes to Florida Rules of Civil Procedure
Jun 25, 2024 | By Abraham Mohammad Shakfeh
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure.[1] Below are summaries of some…
Blog Posts | New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners
Jun 17, 2024 | By Michael Savett
Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability…
Blog Posts, News | As The Pip World Turns: Insurance Carriers Do Not Have To Pay 100% Of The Billed Amounts Under Section 627.736, Florida Statutes
May 07, 2024 | By Kathy Maus, J. Blake Hunter
A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a…
Blog Posts, News | Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
April 22, 2024 | By Kathy Maus, Samantha Wuschke
Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to…
Blog Posts | Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions
Apr 04, 2024 | By Barry Burkett
Florida’s “Dram Shop” statute permits liability against a bar or restaurant for the actions of a person who may become…
News, Publications/ Whitepapers | Partner Michael Savett Quoted in Business Insurance Article – Bridge collapse could spur waves of coverage litigation
Apr 02, 2024 | By Michael Savett
In a recent Business Insurance article, Philadelphia-based Partner Michael Savett shared insights into the aftermath of the Francis Scott Key…
Blog Posts | New York Court Emphasizes the Importance of Notice in Subrogation
Mar 25, 2024 | By Michael Wolfer, Sydney Broom
An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a…
News, Publications/ Whitepapers | Denise Anderson Featured in Tampa Bay Business & Wealth Magazine
Mar 12, 2024 | By Denise Anderson
Tampa Partner Denise Anderson was featured in a Tampa Bay Business & Wealth (TBBW) article highlighting her recent appointment and…
Videos | Denise Anderson – Managing Partner Spotlight
Mar 07, 2024 | By Denise Anderson
Butler proudly presents our firm’s first female Managing Partner, Denise Anderson. We’re celebrating International Women’s Day by providing a glimpse…
Blog Posts | Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code Chapter 542A
Mar 05, 2024 | By Jeffery Allcorn
When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering…
News, Videos | Black History Month – Harry Belafonte
Feb 23, 2024
Harry Belafonte, born on March 1, 1927, in Harlem, New York, was an iconic figure in the entertainment world but…
Blog Posts, News | Analyzing AOBs: Are the Courts Splitting Hairs or Seeking Statutory Compliance?
Feb 23, 2024 | By Kimberly Matot
So many things in life can be randomly assembled and made to function seamlessly: puzzle pieces for your five-year-old, online…
Publications/ Whitepapers | Partner Michael Savett Featured in Business Insurance Article
Feb 21, 2024 | By Michael Savett
Philadelphia Partner Michael Savett was recently featured in a Business Insurance article titled “Google settlement shines light on D&O, cyber…
Blog Posts, News | Third District Court of Appeal Joins Debate Over Retroactive Application of Florida Statute 627.70152’s Presuit Notice Provision
Feb 21, 2024 | By Vincent Fernandez
On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters…
News, Publications/ Whitepapers | New Appleman Florida Insurance Law (2024 Edition)
Feb 19, 2024 | By John Garaffa, Ryan Hilton, Julius “Rick” Parker III, Jason Seitz, J. Blake Hunter, James Michael Shaw , Jr.
Butler congratulates its Partners on the 2024 New Appleman Florida Insurance Law Edition. This book was edited by Partner John…
Videos | Black History Month – Scott Joplin
Feb 19, 2024
Scott Joplin (1868–1917), renowned as the “King of Ragtime,” stands as a seminal figure in American music. Born into…
Blog Posts, News | Putting the Cart Before the Horse: The New Florida Appraisal Landscape
Feb 14, 2024 | By Henris Zaimaj
As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its…
Videos | Black History Month – Joseph Bologne
Feb 09, 2024
Joseph Bologne, Chevalier de Saint-Georges (1745–1799), holds a prominent position in Black history as an 18th-century Afro-French composer, virtuoso violinist,…
News, Videos | Celebrating Martin Luther King, Jr. Day
Jan 12, 2024
As we celebrate the birthday anniversary of the legendary Dr. Martin Luther King, Jr., let us reflect on the extraordinary…
News, Publications/ Whitepapers | When Construction Leads to Subrogation
December 13, 2023 | By Geoffrey Waguespack
Insurer May Subrogate to the Rights of an Additional Insured Based on Contractual Right Chicago Partner Geoffrey Waguespack was recently…
News, Videos | Happy Holidays 2023
December 8, 2023
From all of us at Butler, we wish you all happy holidays!
Blog Posts, News | IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles
Nov 14, 2023 | By Geoffrey Waguespack
Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right…
News, Videos | Veterans Day 2023
Nov 11, 2023
Today, we celebrate the brave men and women who served in the line of duty. Happy Veterans Day! In order…
Publications/ Whitepapers | Partner Michael Savett Quoted in Law 360 Article
Nov 03, 2023 | By Michael Savett
Philadelphia Partner Michael Savett was recently quoted in a Law 360 article titled “Del. Captive D&O Coverage Rules Just One…
Blog Posts, News | When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Oct 13, 2023 | By Sydney Broom
In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from…
News, Videos | Global Diversity Month – Antonín Dvořák
Oct 12, 2023
Antonín Dvořák was the first composer from the Czech Republic (formerly Bohemia, which was then part of the Austrian Empire)…
Blog Posts | Tear-Out Costs Get Torn Out Again
Oct 04, 2023 | By Julius “Rick” Parker III
On September 13, 2023, the Third District Court of Appeal released its opinion in People’s Trust Insurance Company v. Banks.1…
News, Videos | Mary Church Terrell – Women’s Suffrage Spotlight
August 18, 2023
In commemoration of the anniversary of the ratification of the 19th Amendment granting women the right to vote, we would…
Podcasts | Subro Sense Podcast S04E05 | Subrogation Success: Evaluating Recoverable Damages
Aug 03, 2023 | By Aaron Jacobs
As subrogation professionals, it is sometimes easy to direct our concentration on the liability issues in each case and to…
Blog Posts | Florida Law Requiring Property Claims-Handling Attestation Takes Effect Tuesday, August 1, 2023
Jul 28, 2023 | By Shaheen Nouri
The Florida Office of Insurance Regulation has issued an important memorandum to the insurance industry about the new Florida law…
Publications/ Whitepapers | Partner Michael Montgomery Featured in FDCC Friday 5
Jul 21, 2023 | By Michael Montgomery
Mobile and Tallahassee Partner Michael Montgomery was featured on this week’s FDCC Friday 5! This weekly newsletter highlights important developments,…
Blog Posts | Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule
Jul 05, 2023 | By Scott Hefner
A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation…
Blog Posts | An Update on Artificial Intelligence and the Law
Jul 05, 2023 | By Timothy Engelbrecht
A just machine to make big decisions, Programmed by fellows with compassion and vision …. Lyrics from the song I.G.Y….
News, Publications/ Whitepapers | Partner Michael Savett Quoted in Bloomberg Article
Jun 26, 2023 | By Michael Savett
Partner Michael Savett was recently quoted in a Bloomberg article discussing a decision by the U.S. Court of Appeals for…
Blog Posts | Can I Knock the Opposing Expert Out? Understanding How Florida Courts Allow or Prevent Proposed Experts
Jun 08, 2023 | By Timothy Engelbrecht
Experts are key witnesses in any case. They have the ability to testify about things that are usually beyond the…
Podcasts | Subro Sense Podcast S04E04 | Florida Shortened Statute of Repose for Construction Defect Claims
May 15, 2023 | By Aaron Jacobs
On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Senate Bill 360 was…
Blog Posts | Effective immediately: Florida Rule of Civil Procedure 1.530(a) applies to certain non-final orders
May 08, 2023 | By Mihaela Cabulea
Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for…
Blog Posts | A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
May 03, 2023 | By Shaheen Nouri, Vincent Fernandez
The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies…
Blog Posts | Confined to the Four Corners by the Rules of Contract Interpretation
Apr 26, 2023 | By Vincent Fernandez, Shaheen Nouri, Kristina Harris
A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company The Eleventh Circuit Court of Appeals recently held that…
Podcasts | SUBRO SENSE PODCAST S04E03 | FLORIDA’S TORT REFORM AND ITS IMPACT ON SUBROGATION
Apr 25, 2023 | By Aaron Jacobs, Matthew Peaire
HB 837 was introduced to the Florida House of Representatives on February 15, 2023, and was signed into law on…
Podcasts | Stephen Udagawa Featured on Crime Stories Podcast
Apr 21, 2023 | By Stephen Udagawa
Senior Associate Stephen Udagawa was recently featured as a panel member on an episode of the Crime Stories with Nancy…
Blog Posts | Stateless Amber Heard: The Legal Loophole to Avoid Being Sued in Federal Court
Apr 20, 2023
The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving…
Blog Posts | Florida’s Shortened Statute of Repose for Construction Defect Claims
Apr 19, 2023
On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed…
Publications/ Whitepapers | The Comprehensive Guide to Economic Damages, Seventh Edition
Apr 03, 2023 | By John Garaffa
Butler congratulates Tampa Partner John Garaffa for his contribution to The Comprehensive Guide to Economic Damages, Seventh Edition. The Comprehensive Guide…
Blog Posts | Effective immediately: jury requests to review testimony in civil cases is governed by Florida Rule of Civil Procedure 1.453
Mar 31, 2023 | By Mihaela Cabulea
Previously, the Second District Court of Appeal extended to civil cases the holding in Hazuri v. State, 91 So. 3d…
Blog Posts | TO FEE OR NOT TO FEE, THAT IS THE QUESTION (PART II)
Mar 30, 2023 | By J. Blake Hunter
An issue that remains contentious is whether the Supplementary Payments provisions in the general liability policy provide coverage for attorney’s…
Blog Posts | Sweeping Changes to “Bad Faith” in Florida
Mar 28, 2023 | By J. Blake Hunter
After twelve (12) years of effort, and in what now seems like a blink of an eye during this legislative…
Blog Posts | Florida’s Tort Reform and its Impact on Subrogation
Mar 24, 2023 | By Matthew Peaire
HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the…
Blog Posts | Words matter: a series of leaks constitutes a single occurrence under particular policy language
Mar 24, 2023
In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT…
Publications/ Whitepapers | Tips for Young Lawyers – The Effective Court Appearance
Mar 23, 2023 | By Hudson Jones
This article was originally published in The Trial Advocate, Vol. 24 No. 1 (2023). Used with permission. An effective court…
Blog Posts | Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit
Mar 17, 2023 | By T. Nicholas Goanos
In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright…
Publications/ Whitepapers | Partner Denise Anderson Featured in Construction Claims Magazine
Mar 09, 2023 | By Denise Anderson
Tampa Partner Denise Anderson was recently featured in the Spring issue of the Construction Claims magazine. Her article, titled “Slaying…
Videos | International Women’s Day 2023
Mar 08, 2023
To celebrate International Women’s Day, we would like to highlight a few important figures in history. Watch the video below:…
Publications/ Whitepapers | Hurricane Ian: A Storm of Challenges
Mar 08, 2023 | By Thomas Keller
Tampa Partner Thomas Keller recently wrote an article alongside co-authors Jonathon Held (J.S. Held), Mike Rimoldi (J.S. Held), Megan Walker…
Publications/ Whitepapers | The Continuous or Progressive Injury or Damage Exclusion: Why “Timing” is Everything
Mar 07, 2023 | By Kimberly Ramey, Kyle Goss
Tampa Partner Kimberly Ramey and Associate Kyle Goss recently wrote an article that was published in the DRI Brief Case…
Publications/ Whitepapers | A Supreme Court Preview
Mar 06, 2023
This article is originally authored by Carol Rooney as a publication of ABA, Winter 2023. Legal opinions may vary when…
Podcasts | Subro Sense Podcast S04E02 | Wind, Water, and Windows: Investigation & Testing of Window Leak Claims
Feb 27, 2023 | By Aaron Jacobs
Join host, Aaron Jacobs and Halliwell Director and Senior Forensic Architect, Roberto Beauchamp, as they discuss the proper methods of…
Videos | Celebrating Black History Month | Pauli Murray
Feb 24, 2023
In honor of Black History Month, we highlight some important Black figures in the history of U.S. law. This week,…
Videos | Celebrating Black History Month | Dorothy Height
Feb 20, 2023
In honor of Black History Month, we highlight some important Black figures in the history of U.S. law. This week,…
Blog Posts | Too Interested To Be Disinterested: The Florida Supreme Court’s Take on Disinterested Appraisers
Feb 10, 2023 | By Vincent Fernandez, Shaheen Nouri
“If you and we fail to agree on the amount of loss, either party can demand that the amount of…
Videos | Celebrating Black History Month | Fred Gray
Feb 10, 2023
In honor of Black History Month, we highlight some important Black figures in the history of U.S. law. This week,…
Videos | Celebrating Black History Month | Charles Hamilton Houston
Feb 03, 2023
In honor of Black History Month, we highlight some important Black figures in the history of U.S. law. This week,…
Publications/ Whitepapers | Five Simple Ways to Improve Your Legal Writing Skills
Jan 23, 2023 | By Mihaela Cabulea
This article was originally published in The Trial Advocate, Vol. 41 No. 3 (2022). Used with permission. There is no…
Videos | Martin Luther King, Jr. Day 2023
Jan 16, 2023
Today, we celebrate the life and work of Dr. Martin Luther King, Jr. and his struggles against oppression and prejudice….
Blog Posts | New Florida Law Allows Carriers to Serve Joint Offers and Proposals
Dec 30, 2022 | By Shaheen Nouri
On December 16, 2022, Florida’s Governor signed Senate Bill 2A into law, bringing a number of changes to Florida’s insurance…
Videos | Happy Holidays From Butler!
Dec 19, 2022
Blog Posts | Wind v. Flood in the Wake of Hurricane Ian
Dec 07, 2022 | By Matthew Lavisky, David Maldoff
In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state. The storm brought with…
Blog Posts | In South Carolina, Insurers Owe Fees for Losing a First Party DJ? – It’s Un-American!
Dec 06, 2022 | By T. Nicholas Goanos
Bottom Line, Up-Front A recent South Carolina federal district court ruling interprets South Carolina law in a new and potentially…
Blog Posts | Profiting from a Peril: Business Interruption Valuation During Economic Instability
Nov 30, 2022
Introduction The pandemic and political turmoil are causing widespread and long-term economic volatility after many years of positive trends. But…
Blog Posts | Deal or No Deal: The Florida Supreme Court clarifies what it takes for an offer of judgment to be deemed accepted
Nov 10, 2022 | By Mihaela Cabulea
Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in…
Podcasts | Subro Sense Podcast S04E01 | TIPS FOR INVESTIGATING SUBROGATION FOLLOWING A HURRICANE
Nov 08, 2022 | By Aaron Jacobs, Matthew Peaire
Join host, Aaron Jacobs and Partner, Matthew Peaire with Butler as they discuss the unique factors and challenges a subrogation…
Blog Posts | The Made Whole Doctrine is Alive and Well in Virginia
Nov 04, 2022 | By Scott Hefner
While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion…
Blog Posts | Nuanced Aspects of Hurricane Claims: Civil Authority, Ordinance or Law, and Mobile Home Claims
Oct 24, 2022 | By Timothy Engelbrecht, William Collum
The adjustment of hurricane claims sometimes involve discrete issues regarding either special coverages under insurance policies or different types of…
Blog Posts | Litigating Tile Roof Claims
Oct 18, 2022 | By D. Grayson Kelly
Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved…
Blog Posts | Tips for Investigating Subrogation in Florida Following Hurricane Ian
Oct 14, 2022 | By Matthew Peaire
Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end…
Blog Posts | Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida Citizens
Oct 13, 2022 | By Adam Topel
Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that…
Blog Posts | What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims
Oct 10, 2022 | By Thomas Keller, Dericka Burke
The last week of September, 2022, the State of Florida braced for what was categorized to be one of the…
Blog Posts | Florida Law Catches Up to Stalking Drones
Oct 07, 2022 | By James Michael Shaw , Jr., Ryan Hilton
In 2015, Dan Mouneimne’s stepdaughter sat outside a downtown Tampa bar when she noticed a drone hovering around her. She…
Blog Posts | To Remand or Not to Remand, That Is the Question
Sep 26, 2022 | By Barry Burkett, J. Blake Hunter
Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a…
Blog Posts | Sexual Assault Is Not A Professional Service
Sep 23, 2022 | By J. Blake Hunter
Not many cases in Florida analyze Professional Services Exclusions in general liability policies. However, on September 16, 2022, the Eleventh…
Blog Posts | Bracing for Fiona – A pre and post analysis of hurricane risk in Puerto Rico and the Caribbean
Sep 21, 2022
Five years after Hurricane Maria, Puerto Rico braced again as Tropical Storm Fiona, expected to become a Hurricane by landfall,…
Blog Posts | Trial Lawyers, Don’t Lose Your Appeal
Sep 06, 2022 | By Mihaela Cabulea
Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible….
Videos | Alice Paul – Women’s Suffrage Spotlight
Aug 18, 2022
In commemoration of the anniversary of the 19th Amendment granting women the right to vote, we would like to highlight…
Blog Posts | Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal
Jul 07, 2022 | By Mihaela Cabulea
In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a…
Podcasts | Batten Down The Hatches: Issues to Consider With Florida’s 2022 Storm Season Upon Us
Jun 28, 2022 | By Thomas “Wiley” Hodges, David Maldoff
This podcast with Butler attorneys David Maldoff and Wiley Hodges will touch on and discuss issues to consider when storm-related…
Blog Posts | Home Again, Home Again, Jiggity Jig – Are Pennsylvania Courts Misconstruing the Residency Requirement?
Jun 22, 2022 | By Adam Masef
Residency has long been the touchstone of insurability when it comes to homeowners insurance. Courts applying Pennsylvania law have held…
Blog Posts | Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court Restaurant
Jun 17, 2022 | By K. Clark Schirle, Jonathan Barger
Butler Weihmuller Katz Craig LLP attorneys Clark Schirle and Jon Barger obtained a victory for their client in the case…
Blog Posts | Florida Streamlines Admitting Satellite and Mapping Images into Evidence
Jun 10, 2022 | By William Collum
Satellite and mapping imagery has an important role in the litigation of property insurance claims, from its use to question…
Blog Posts | Bad Faith Claim Brought Under Florida Law Foreclosed by the Insurance Policy’s Choice of Law Provision
Jun 06, 2022 | By William Collum, Kristina Harris
When contained in an insurance policy, a choice of law provision generally provides that the law of a certain state…
Blog Posts | What You Need to Know About Recent Changes to Florida Property Insurance Law Affecting Admitted and Surplus Lines Insurers
May 31, 2022 | By William Collum
Having been called back to the capitol by Florida’s governor for a special session to address issues within the property…
Blog Posts | Dial v. Calusa Palms Master Association, Inc. – Florida Supreme Court Confirms Only Amounts Actually Paid By Medicare Are Admissible As Evidence Of Past Medical Expenses
May 13, 2022 | By Barry Burkett, William Linero Jr.
On April 28, 2022, the Florida Supreme Court issued its decision in Dial v. Calusa Palms Master Association, Inc., which addressed…
Blog Posts | Indiana Rejects Subrogation Waiver Argument Where Contractor Performed Work at the Request of Another
May 12, 2022 | By Geoffrey Waguespack
In U.S. Automatic Sprinkler Corp. v. Erie Insurance Exchange, 21A-CT-580, 2022 WL 906142 (Ind. Ct. App. Mar. 29, 2022), the…
Blog Posts | Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her Attorneys
May 11, 2022 | By Matthew Lavisky
A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute…
Publications/ Whitepapers | Removing Your Case to Federal Court and Keeping it There (Article)
May 10, 2022 | By Matthew Lavisky, Jamie Combee Novaes, Latasha Lordes Scott
Defendants often prefer that their cases be heard in federal court. Rice, Jill Cranston, The Federal Rules are Right for…
Blog Posts | ADDRESSING THE PROPERTY INSURANCE CRISIS BY CONTRACT LANGUAGE: New Endorsement Approved By The Florida Department Of Insurance Regulation
May 09, 2022 | By John Garaffa
On November 16, 2021 American Integrity Insurance Company of Florida filed a request for approval for an endorsement to its…
Blog Posts | Doctors, Scientists, & Engineers – Oh My! Changes to Federal Rule 702 are Likely Coming
Mar 30, 2022 | By Scott Hefner
Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence….
Videos | International Women’s Day 2022
Mar 08, 2022
In celebration of International Women’s Day, we present a short poem highlighting some important women in history:
Blog Posts | The Water Damage Endorsement Does Not Include “Tear Out” Cost in Cast Iron Pipe Claims
Mar 07, 2022 | By Brian Hohman
Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that…
Blog Posts | Pennsylvania Finds Exception to Anti-Subrogation Rule
Feb 28, 2022 | By Michael Wolfer
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa….
Videos | Black History Month Highlights | Ella Fitzgerald
Feb 25, 2022
Ella Fitzgerald was born on April 25, 1917 in Virginia. As a child, she helped her family financially by working…
Blog Posts | Florida First DCA Reverses $28.6 Million Judgment and Emphasizes that Alleged Violations of the Florida “Dram Shop” Act are Negligence Actions
Feb 23, 2022 | By Barry Burkett
The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy…
Videos | Black History Month Highlights “John Robert Lewis”
Feb 18, 2022
One of the “Big Six” during the civil rights movement in the 1960s, John Lewis was inspired by Dr. Martin…
Videos | Black History Month Highlights “Arthur Ashe”
Feb 11, 2022
Arthur Ashe was born on July 10, 1943 and would become the first and only male African American player to…
Videos | Black History Month Highlights “Bessie Coleman”
Feb 04, 2022
Bessie Coleman, who was born on January 26, 1892, learned from her brothers about female French pilots who had served…
Blog Posts | Orders permitting/denying pursuit of punitive damages soon to be immediately appealable
Jan 07, 2022 | By Mihaela Cabulea
Some Florida practitioners and appellate courts have long pointed to the need to amend the rules of appellate procedure to…
Videos | Happy Holidays from Butler!
Dec 07, 2021
From all of us at Butler, we would like to wish you all happy holidays!
Blog Posts | Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer Exclusive of Fees to Specify Amount of Plaintiff’s Attorney’s Fees Excluded
Nov 30, 2021
Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do…
Publications/ Whitepapers | New Appleman Florida Insurance Law (2022 Edition)
Nov 24, 2021 | By John Garaffa, Ryan Hilton, J. Blake Hunter, Julius “Rick” Parker III, Jason Seitz, 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 | Sifting Through the Ashes
Nov 10, 2021 | By George McMullin
This article is originally co-authored by George McMullin and Andrew Bennett as a publication of CLM, July 2021. Legal opinions…
Publications/ Whitepapers | How Do You Measure Up?
Nov 10, 2021 | By George McMullin
This article was originally co-authored by George McMullin and Kevin Degarmo as a publication of CLM, November 2021. Legal opinions…
Blog Posts | THE CONTINUED QUESTION OF DISINTERESTED APPRAISERS FOR FLORIDA APPRAISALS
Oct 28, 2021 | By William Collum
In most circumstances involving an insurer’s extension of coverage for a property loss, an appraisal provision in an insurance policy…
Blog Posts | Dodge’n Expert Bias Discovery Issues Raised in Worley
Oct 22, 2021 | By Abraham Mohammad Shakfeh, Vincent Fernandez
Expert witnesses are a critical part of litigation. A good expert can properly assess a case, help position a case…
Blog Posts | Fifth Circuit Seeks Guidance From The Texas Supreme Court On When The Concurrent Cause Doctrine Applies
Oct 12, 2021 | By K. Clark Schirle
Hail damage is so typical in Texas that Chapter 542A of the Texas Insurance Code is known as the “Hail…
Blog Posts | Good Faith: Plaintiffs’ Complaints About Release Held Invalid
Sep 28, 2021 | By David Krouk
The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits…
Blog Posts | Is Arizona the Beginning of the End for Peremptory Challenges?
Sep 08, 2021 | By Scott Frank
On August 30, 2021, the Arizona Supreme Court instituted a landmark rule change that made Arizona the first state in…
Blog Posts | Insurer Doesn’t “Waive” Goodbye to Coverage Defenses by Making a Payment
Sep 03, 2021 | By Jamie Combee Novaes
Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third…
Videos | Women’s Equality Day
Aug 26, 2021
In commemoration of Women’s Equality Day, we take a look at some of the early movements in US history that…
Blog Posts | More than one collision, but how many accidents?
Aug 25, 2021 | By Matthew Lavisky
Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both…
Blog Posts | Lights, Camera, Action: Florida court rules insured can record appraisal inspection
Jul 16, 2021 | By Timothy Engelbrecht
On July 7, 2021, Florida’s Fourth District Court of Appeal ruled that an insured may electronically record an insurer’s appraiser…
Blog Posts | One Step Forward, Two Steps Back: Roofers, Insurance and Commercial Speech
Jul 14, 2021 | By John Garaffa
On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered…
Blog Posts | South Carolina Permits Depreciation of Labor When Calculating ACV
May 26, 2021 | By Jonathan Barger, T. Nicholas Goanos
The issue of whether labor can be depreciated when a property policy does not define the term “actual cash…
Blog Posts | Florida’s Second DCA: Coverage Can Remain at Issue Even After Insurer’s Payment
May 05, 2021
A Florida appellate court recently made clear that the issue of insurance coverage can remain in dispute, even where an…
Blog Posts | Recent Changes in Florida’s Property Insurance Law for Admitted and Surplus Lines Insurers: The Basics of What You Need to Know
May 04, 2021 | By William Collum
Hours before the close of Florida’s 2021 annual legislative session, the Florida Legislature passed SB 76, legislating wide changes to…
Blog Posts | PERSONAL INJURY PROTECTION COVERAGE: A THING OF THE PAST IN FLORIDA?
May 03, 2021 | By J. Blake Hunter
Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971. PIP is also known as no-fault insurance, and…
Blog Posts | Critical Analysis in the Claims Handling Process – One or Multiple Occurrences?
Apr 30, 2021 | By J. Blake Hunter
An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property…
Blog Posts | Florida Supreme Court unveils a revamped summary judgment rule just in time for the May 1, 2021 effective date.
Apr 29, 2021 | By Mihaela Cabulea
On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary…
Podcasts | Subro Sense Podcast S03E02 | Hey Google! Where did the fire start?
Apr 29, 2021 | By Aaron Jacobs
Amazon, Google, Apple, Samsung and numerous other manufacturers have “Smart Home” devices that may be found in an estimated 175…
Blog Posts | Where Have You Driven a Ford Lately? Ford Motor Co. v. Montana Eighth Judicial District Court
Apr 15, 2021 | By Scott Hefner
Over the last few years, the Supreme Court has had a reputation as very pro-business. Late last month, however, the…
Blog Posts | FLORIDA’S NEW COVID-19 LIABILITY PROTECTION LEGISLATION: WHAT IT MEANS AND THE LEGAL EFFECT MOVING FORWARD
Apr 06, 2021
The COVID-19 pandemic has affected the state of Florida, and the country, in ways that were unimaginable one year ago….
Podcasts | Understanding Florida’s Lex Loci Contractus Choice-of-Law Test | Podcast
Mar 31, 2021 | By Ryan Hilton
Partner Ryan Hilton discusses Florida’s Choice-of-Law Test in this latest podcast episode.The podcast expands on Ryan’s latest blog “The Unpredictability…
Blog Posts | New Hampshire Confirms Sutton Doctrine Applies to College Dormitories
Mar 23, 2021
The determination of whether a tenant is also a coinsured under the landlord’s policy ultimately comes down to the language…
Blog Posts | The Unpredictability of Florida’s Supposedly Predictable Choice-of-Law Test
Mar 11, 2021 | By Ryan Hilton
For purposes of determining contract interpretation, Florida courts apply the lex loci contractus choice-of-law rule. The Supreme Court of Florida…
Publications/ Whitepapers | Butler Celebrates International Women’s Day 2021
Mar 08, 2021
Get to know the women who have helped shape Butler into the Firm it is today! With 15 years (or…
Videos | Black History Month 2021 | Part 4
Feb 26, 2021
Jazz was a bold new style of music that incorporated a rhythm made wholly unique through the use of improvisation….
Videos | Black History Month 2021 | Part 3
Feb 19, 2021
The Harlem Renaissance gave the black community a chance to establish an identity and express themselves through clothing. As seen…
Podcasts | Subro Sense Podcast S03E01 | Subrogation at Sea
Feb 16, 2021 | By Aaron Jacobs
Get ready to sail the high seas with Butler Partner and host, Aaron Jacobs and co-host, Craig Sylvester with Jensen…
News, Videos | Butler Presents the IMPACT Award for 2020
Feb 15, 2021 | By J. Blake Hunter
The production and distribution of scholarly content for the legal and insurance industry has been a critical component of Butler’s…
Videos | Black History Month 2021 | Part 2
Feb 12, 2021
Butler presents the second in a four-part series discussing important historical African-American figures and developments during the Harlem Renaissance. Part…
Blog Posts | Butler Feature | LinkedIn Pages
Feb 09, 2021
We are pleased to announce the launch of our new LinkedIn showcase pages. Our showcase pages are an extension of…
Videos | Black History Month 2021 | Part 1
Feb 05, 2021
Butler presents the first in a four-part series discussing important historical African-American figures and developments during the Harlem Renaissance. Part…
Publications/ Whitepapers | John Garaffa | The Comprehensive Guide to Economic Damages 6th Edition
Feb 03, 2021 | By John Garaffa
The latest edition of The Comprehensive Guide to Economic Damages is now available! Co-written by Partner John Garaffa, this volume…
Blog Posts | The FAA’s New Digital License Plate Requirement for Drones
Jan 26, 2021 | By Ryan Hilton
The Federal Aviation Administration (“FAA”) has finalized a new rule that requires remote identification (remote ID) for drones,1 colloquially known…
Blog Posts | Covid and Coverage in the UK: Language Matters
Jan 25, 2021 | By John Garaffa
In a recent opinion, the UK Supreme Court has found coverage for business interruption as a result of business closures…
News, Videos | Martin Luther King, Jr. Day 2021
Jan 18, 2021
Join us in commemorating the life of Dr. Martin Luther King, Jr. and his struggles to fight against prejudice.
Blog Posts | How will Florida’s amended summary judgment standard affect bad faith cases?
Jan 04, 2021 | By Matthew Lavisky
The Florida Supreme Court ended 2020 with a bang! The Supreme Court amended Florida Rule of Civil Procedure 1.510 to…
Blog Posts | The Federal Summary Judgment Standard Comes to Florida State Courts on May 1, 2021
Dec 31, 2020 | By Mihaela Cabulea
Last year, the Florida Supreme Court signaled its intention to adopt the summary judgment standard articulated in the Celotex trilogy,…
Podcasts | 2020 Appellate Issues at Trial – Florida and Texas (Podcast)
Dec 28, 2020
Carol’s final webinar of the 2020 Appellate Webinar Series “All About Appellate” provides an overview of significant rulings by Florida…
Podcasts | Subro Sense Podcast | Holiday Havoc “Fireplace & Chimney Fire Losses”
Dec 23, 2020 | By Aaron Jacobs
The Holiday Season is here, but what if the celebrations don’t always bring cheer? Host Aaron Jacobs presents the “Holiday…
Podcasts | Subro Sense Podcast | Holiday Havoc “Christmas Tree & Light Fires”
Dec 21, 2020 | By Aaron Jacobs
The Holiday Season is here, but what if the celebrations don’t always bring cheer? Host Aaron Jacobs presents the “Holiday…
Podcasts | Subro Sense Podcast | Holiday Havoc “Cooking Fires”
Dec 16, 2020 | By Aaron Jacobs
The Holiday Season is here, but what if the celebrations don’t always bring cheer? Host Aaron Jacobs presents the “Holiday…
Blog Posts | If the Sprinkler Pipes Fit, You Must Acquit
Dec 09, 2020 | By Abraham Mohammad Shakfeh
What Constitutes a Product under the Economic Loss Rule The Economic Loss Rule limits a defendant’s tort liability for defective…
Videos | Happy Holidays from Butler!
Dec 08, 2020
Blog Posts | If I Wanted Your Opinion, I’d Give It To You
Dec 04, 2020 | By J. Blake Hunter
One developing area of Florida law is whether a public official can be held liable for defamation for statements written…
Blog Posts | Sparking Subrogation Recoveries by Investigating Electrostatic Discharge as the Cause of Fires and Explosions
Dec 03, 2020 | By Geoffrey Waguespack
As far back as 600 BC, the ancient Greek philosopher and scientist, Thales of Miletus, observed that, when amber was…
Blog Posts | North Carolina Settlements: Unsigned, Sealed, and Delivered
Dec 02, 2020 | By Scott Hefner
Covid-19 has turned mediations on their head. The parties are no longer together in well-appointed conference rooms trying to work…
Blog Posts | Apples and Oranges: Trials and Appeals
Dec 01, 2020
How many lawyers does it take to handle a case? Well, usually two, one for the trial and another one…
News, Podcasts | All About Appellate – 2020 Appellate Issues at Trial: Florida and Texas (Podcast)
Nov 20, 2020
Partner Carol Rooney presented “2020 Appellate Issues at Trial – Florida and Texas” for her 2020 All About Appellate Webinar…
Blog Posts, News | THE MANY FACES OF MULTIPLE LIABILITY CLAIMS: TWO DIVERGENT OPINIONS FROM THE ELEVENTH CIRCUIT COURT OF APPEAL
Nov 13, 2020 | By Ryan Garrett, David Krouk
The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy…
Blog Posts | The Changing Fact of Additional Insured Coverage
Nov 12, 2020 | By J. Blake Hunter
As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors. When…
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…
Blog Posts | What’s in a name?
Oct 30, 2020 | By Vincent Fernandez
What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount…
Blog Posts | 2020 Vision: A Bold New Look
Oct 28, 2020
Written by Andrea Romero-Fisher Butler recently embarked on a creative journey by designing a new website, which has officially launched…
Blog Posts | In South Carolina, Documents Outside the Pleadings May Be Utilized to Exclude Coverage
Oct 27, 2020 | By T. Nicholas Goanos
In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a…
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,…
Podcasts | All About Appellate – Appellate Writs, Motion Practice and Sanctions Issues Under Florida and Texas Law (Podcast)
Oct 01, 2020
Board Certified Appellate Attorney, Carol Rooney, presented her second appellate webinar for 2020 – Appellate Writs, Motion Practice and Sanctions…
Blog Posts | Defining Occurrence – When Policy Definitions Do Not Apply To All Coverages
Sep 24, 2020 | By John Garaffa
On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated,…
Publications/ Whitepapers | Knowing the Code: An Overview of Ordinance and Law Coverage
Sep 22, 2020
This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Summer 2020. Legal opinions may…
Blog Posts | Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors
Sep 17, 2020 | By Julius “Rick” Parker III
On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC…
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…
Blog Posts | Does the Pollution Exclusion Bar Coverage for Injuries Arising out of Viruses and Bacteria?
Sep 08, 2020
In policies without a specific bacteria or virus exclusion, the pollution exclusion may apply to exclude coverage for claims for…
Blog Posts | Amazon: Primed for Trouble?
Sep 04, 2020 | By Scott Hefner
Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective…
Podcasts | Subro Sense Podcast | The ABC’s of RCV and ACV
Sep 03, 2020 | By Aaron Jacobs
Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages…
Videos | Women’s Suffrage – A Timeline
Aug 18, 2020
Today marks 100 years since the passing of the 19th Amendment which granted women the right to vote in the…
Blog Posts | Common Sense” Conquers “Creative Pleading,” As The Eleventh Circuit Applies Narrow Exception To Florida’s “Four-Corners” Rule To Prevent Plaintiff From “Pleading Into Coverage”
Jul 28, 2020 | By Ryan Hilton
On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve…
Blog Posts | Made Whole Doctrine Does Not Apply To Deductibles in New Jersey
Jul 23, 2020 | By Scott Katz
The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured…
Blog Posts | To Wait or to Mediate?
Jul 22, 2020
A “Q&A” on Virtual Mediations in First-Party Property Lawsuits Q: Why is mediation used so frequently in insurance lawsuits? A:…
Blog Posts | Arbitration: An Effective Means To An End During Covid-19
Jul 15, 2020
These critical times of isolation and social distancing have proved to be difficult on many areas of the economy. The…
Blog Posts | Pretzel Logic: Cheetham V. Southern Oak And Its Ill-Begotten Progeny
Jun 29, 2020 | By Julius “Rick” Parker III
The standard ISO homeowners insurance policy contains an exclusion for damage caused by water which backs up through sewers or…
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…
Videos | Butler’s Thursday Tips | ECMs in Third-Party Vehicle Claims
Jun 25, 2020
Join us for this week’s Thursday Tip as attorney Paola Solano discusses the use of ECMs in Third-Party vehicle claims….
Blog Posts | Nevada Division Of Insurance Issues Notice To Property And Casualty Insurers Disallowing New Exclusions Related To Covid-19, Viruses, Or Pandemics
Jun 25, 2020 | By Jonathan Barger
ON JUNE 16, 2020, THE NEVADA DIVISION OF INSURANCE (“NVDOI”) ISSUED A NOTICE TO PROPERTY AND CASUALTY INSURERS regarding the…
Blog Posts | Major Appellate Jurisdictional Shifts In Florida: The Effects Are Yet To Be Determined
Jun 22, 2020 | By Mihaela Cabulea
ON JUNE 20, 2020, THE FLORIDA GOVERNOR SIGNED INTO LAW SENATE BILL 1392, which, among…
Blog Posts | IS AMAZON A SELLER? AN ISSUE PRIMED FOR STATE COURTS
Jun 19, 2020 | By Michael Wolfer
The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website….
Videos | Butler’s Thursday Tips #8 | Importance Of A Mediator
Jun 18, 2020 | By Shaheen Nouri
Join attorney Shaheen Nouri as he gives three reasons why a mediator is important in a First-Party claim.
Videos | Butler’s Thursday Tips #7 | Civil Remedy Notices
Jun 04, 2020 | By James Michael Shaw , Jr.
Join us for this week’s Thursday Tip as Partner James Shaw, Jr. discusses Civil Remedy Notices.
Blog Posts | 13 Ways That Covid-19 Will Change The Insurance Industry
Jun 01, 2020
AUTOMOBILE INSURANCE 1. Some people will have permanent complications from the Coronavirus1, which will create a new population with pre-existing…
Blog Posts | The Made Whole Rule On The Forefront Of A Whole Lot Of Litigation
May 27, 2020 | By Aaron Jacobs
The Made Whole Rule and the handling of the insured’s deductible and uninsured losses alongside the subrogation claim remain ever-present…
Blog Posts | Can A Post-Suit Civil Remedy Notice Trigger Removal To Federal Court?
May 21, 2020
Can an insured’s post-suit Civil Remedy Notice demanding over $75,000 satisfy the amount-in-controversy diversity jurisdiction requirement and trigger the thirty-day…
Blog Posts | North Carolina’s Latest Appraisal Ruling Precludes Appraisal If Any Damages Dispute Exists
May 21, 2020 | By T. Nicholas Goanos
In the last 60 days, COVID-19 has affected us all. Federal and state governments have issued quarantine orders. Schools have…
Videos | Butler’s Thursday Tips #6 | Made-Whole Rule
May 21, 2020 | By Aaron Jacobs
Join us for this week’s Thursday Tip as Partner Aaron Jacobs discusses the Made-Whole Rule in Subrogation law. #ButlerLegal #ThursdayTips…
Blog Posts | Pennsylvania Supreme Court Declines To Automatically Decide Questions Of Insurance Coverage For Covid-19
May 15, 2020 | By Richard Gable Jr.
The Joseph Tambellini Restaurant in Pittsburgh, Pennsylvania recently filed an Emergency Application for Extraordinary Relief to the Pennsylvania Supreme Court…
Videos | Butler’s Thursday Tips #5 | What Is Appellate Law?
May 14, 2020
Partner Anthony Russo offers insights on the practice of Appellate law. Stay tuned to find out more helpful tips! #ButlerLegal…
Blog Posts | It’s A Policy, Not A Payday Loan: The Voluntary Payments Provision Deconstructed
May 13, 2020 | By J. Blake Hunter
From time to time, the issue of whether an insurer has a duty to reimburse a payment made by an…
Publications/ Whitepapers | Butler Quarterly Spring 2020
May 11, 2020
Below is an interactive pdf of the previous quarter’s articles and publications.
Blog Posts | Members Only: The Eleventh Circuit Restricts Membership To The “Illusory Coverage” Club To Narrow Set Of Circumstances
May 06, 2020 | By Yonit Rosengarten
The Doctrine of Illusory Coverage is a common law doctrine that Florida courts have confirmed is a part of Florida’s…
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…
Spotlights, Videos | Andrea Romero-Fisher – Supporting Our Nurses
May 01, 2020
At Butler, we are dedicated to helping our community. One of our staff members, Andrea Romero-Fisher, recently gathered supplies to…
Videos | Butler’s Thursday Tips #4 | Staying Organized
Apr 30, 2020 | By Shaheen Nouri
Attorney Shaheen Nouri offers some tips on staying on top of cases for First-Party Coverage and Extra-Contractual matters. Stay tuned…
Podcasts | Subro Sense Podcast | Forensic Investigation Of Subrogation Claims During Covid-19
Apr 28, 2020 | By Aaron Jacobs
Like all other aspects of life, the forensic investigations of existing and new subrogation claims has been significantly impacted by…
Videos | Butler’s Thursday Tips #3 | Handling Business Loss Claims
Apr 23, 2020 | By Jessica Skarin
Partner Jessica Skarin offers some tips on dealing with business loss claims for subrogation attorneys. Stay tuned to find…
Publications/ Whitepapers | Insights on Covid-19: Butler Blogs, Publications and More
Apr 17, 2020 | By Shaheen Nouri
Industries around the globe are feeling the effects of the Coronavirus, and the insurance industry is no exception. Our proactive…
Blog Posts | Local Florida Governments have Issued Orders Suggesting Covid-19 caused Property Damage
Apr 15, 2020 | By Matthew Lavisky
DOES THIS MATTER FOR INSURANCE POLICY INTERPRETATION? Florida Governor Ron DeSantis issued an Executive Order declaring a state of emergency…
Blog Posts | Delay in Completion Coverage and the Coronavirus
Apr 13, 2020 | By K. Clark Schirle
States, counties and municipalities have issued “stay at home,” “shelter-in-place,” and other orders relating to COVID-19. Many orders require the…
Videos | Butler’s Thursday Tips | Staying Fit
Apr 09, 2020 | By Denise Anderson
Partner Denise Anderson offers some tips on staying active and healthy while working from home. Stay tuned to find out…
Publications/ Whitepapers | Covid-19—When Civil Authorities Take Over, Are You Covered?
Apr 03, 2020 | By 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…
Blog Posts | Duke V. Hoch Standard Survives Challenge in Eleventh Circuit
Apr 02, 2020
ELEVENTH CIRCUIT REJECTS MANDATORY INSURER INTERVENTION RULE IN CASES INVOLVING COVERED AND UNCOVERED DAMAGES In a recent decision, QBE Specialty…
Videos | Aretha Franklin – A Little Respect (Women’s History Month)
Mar 26, 2020
Aretha Franklin is one of the most honored musicians in Grammy history and a classic in American music. Learn more…
Podcasts | Summary Judgment Standard and Appellate Review under Florida and Texas Law (Podcast)
Mar 24, 2020
Board Certified Appellate Attorney, Carol Rooney, presented her first appellate webinar for 2020 – Summary Judgment Standard and Appellate Review…
Videos | Hedy Lamarr – When Beauty and Brains Collide (Women’s History Month)
Mar 19, 2020
Hedy Lamarr was considered one of the most beautiful actresses during MGM’s “Golden Years” but did you know she was…
Blog Posts | Civil Authority Coverage and the Coronavirus
Mar 18, 2020 | By K. Clark Schirle
WILL ORDERS ISSUED BY GOVERNMENTAL AUTHORITIES TO DEAL WITH THE CORONAVIRUS CRISIS TRIGGER CIVIL AUTHORITY COVERAGE? Governmental authorities across the…
Blog Posts | Passive Negligence and Common Law Indemnity
Mar 16, 2020
BROTHER’S PAINTING & PRESSURE CLEANING CORP. V. CURRY-DIXON CONSTRUCTION, LLC ET AL. 45 Fla. L. Weekly D259b Third District Court…
Publications/ Whitepapers | New Appleman Florida Insurance Law (2020 Edition)
Mar 12, 2020 | By John Garaffa, Ryan Hilton, Julius “Rick” Parker III, Jason Seitz, J. Blake Hunter, James Michael Shaw , Jr.
JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. “RICK” PARKER III, JASON M. SEITZ, J. BLAKE HUNTER,…
Videos | Women’s History Month – Chien-Shiung Wu
Mar 12, 2020
We’re celebrating #WomensHistoryMonth by featuring a fantastic female leader each week. Different clues will be scattered throughout Facebook, Twitter and LinkedIn Monday…
Videos | Women’s History Month – Dolores Huerta
Mar 06, 2020 | By Jessica Skarin
YES WE CAN! We’re celebrating #WomensHistoryMonth by featuring a fantastic female leader each week. Different clues will be scattered throughout Facebook, Twitter…
Blog Posts | Information or Indemnity: Do Certificates of Insurance Grant Insured Status?
Feb 28, 2020
Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will…
Videos | Black History Month | Katherine Johnson and Charles Drew
Feb 27, 2020
In the last part of our miniseries highlighting several prominent African-American figures in history, we take a look at the…
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…
Videos | Black History Month | Serena Williams & Eliud Kipchoge
Feb 21, 2020
In celebration of Black History Month, we will be taking a look at some important African-American figures that have impacted…
Videos | Black History Month | Ella Baker & Mary Mcleod Bethune
Feb 14, 2020
In celebration of Black History Month, we will be taking a look at some important African-American figures that have impacted…
Blog Posts | Taking Interest in the Disinterested: Analyzing State Farm Florida Ins. Co. V. Crispin
Feb 11, 2020 | By Shaheen Nouri
Florida courts continue to refine the roles and limitations of appraisers in Florida property claims. Florida’s Fifth District Court of…
Videos | Black History Month | Jean-Michel Basquiat & Toni Morrison
Feb 07, 2020
In celebration of Black History Month, we will be taking a look at some important African-American figures that have impacted…
Blog Posts | Florida Supreme Court Rewrites the Rules
Jan 30, 2020 | By Mihaela Cabulea
FLORIDA SUPREME COURT REWRITES THE RULES, LIFTING RESTRICTIONS ON THE IMMEDIATE APPEAL OF ORDERS DENYING ABSOLUTE, QUALIFIED, OR SOVEREIGN IMMUNITY….
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 | Contracting Outside The Four Corners Of The United States—A Closer Look At The United Nations Convention On Contracts For The International Sales Of Goods
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 | All Is Not Lost Simply Because A Target Defendant Has No Assets—Pull Out The Magnifier And Investigate The Corporate Connections Of Your Target For Alternative Deep Pockets!
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 | Mass Confusion In Transactional Business: Boilerplate Forms And Competing Contractual Terms Often Lead To A “Battle Of The Forms”—Practical Considerations For Minimizing Litigation
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 | Recent Developments In Property Insurance Law
Jan 29, 2020 | By William (Bill) Lewis
Recent Developments In Property Insurance Law
Blog Posts, Court Decisions | Insurer has No Duty to Enter into a Cunningham Agreement or to Agree to a Consent Judgment in Excess of Policy Limits
Jan 23, 2020
Kropilak v. 21st Century Ins. Co., 806 F.3d 1062 (11th Cir. 2015). Significance The court held that Florida law does…
Blog Posts, Court Decisions | District of New Jersey Rejects Waiver of Subrogation in Residential Solar Contract
Jan 23, 2020 | By Michael Wolfer
New Jersey Manufacturers Insurance Group v. Vivint Solar, Inc., 2018 WL 1003745 (D.N.J. 2018) Recently, Judge Sheridan of the District…
Blog Posts, Court Decisions | The Assault and Battery Exclusion and the Duty to Defend a Lawsuit Stemming from a Mass Shooting
Jan 23, 2020 | By Kimberly Ramey
The Shooting at The Hall Nightclub and Resulting Lawsuits On July 1, 2016, shots were fired inside The Hall nightclub…
Blog Posts, Court Decisions | Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending
Jan 23, 2020 | By Geoffrey Waguespack
In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District…
Blog Posts, Court Decisions | Breaking: Proposed Amendment to Florida Statutes Creates Right of Contribution for Defense Costs
Jan 23, 2020 | By Kimberly Ramey
The Florida Legislature recently created a new cause of action for contribution among co-primary liability insurers. Under this new law,…
Videos | In Honor of Martin Luther King, Jr.
Jan 17, 2020 | By Dericka Burke, Zachary Jett
Podcasts | Subro Sense Podcast with Aaron Jacobs
Jan 06, 2020 | By Aaron Jacobs
Thank you to everyone who has supported the Subro Sense podcast hosted by Aaron Jacobs. The podcast will return with…
Podcasts | Butler’s All About Appellate Series
Jan 02, 2020
All About Appellate is filled to the brim with recent case studies and helpful hints pertaining to the changing world…
Podcasts | Butler’s Subro Sense Podcast
Jan 02, 2020 | By Aaron Jacobs
Click below to listen to our past episodes of the Subro Sense Podcast, hosted by Aaron Jacobs.
Publications/ Whitepapers | Community Service Spotlight on F. Bryant Blevins, Esq.
Jan 01, 2020 | By Bryant Blevins
Across the Bar Community Service Spotlight During the holidays, it’s easy to get swept up in the Season and the…
Podcasts | All About Appellate – Case Law Update: Texas and Florida Law
Dec 30, 2019
Board Certified Appellate Attorney, Carol Rooney, presents her fourth appellate podcast for 2019—Case Law Update: Texas and Florida Law Carol’s…
Blog Posts | And You are Not Done; The Future of Products Liability Claims Against Amazon Still Uncertain
Dec 18, 2019 | By Michael Wolfer
This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon…
Podcasts | Subro Sense Podcast – Considerations in Fixed Funds/Limited Pool Scenarios
Dec 11, 2019 | By Aaron Jacobs
Insurance subrogation professionals face unique hurdles when a tortfeasor’s liability insurance limit is insufficient to pay the entirety of the…
Videos | Happy Holidays from Butler
Dec 06, 2019
FROM ALL OF US HERE AT BUTLER, WE WISH YOU A HAPPY HOLIDAYS AND A WONDERFUL NEW YEAR! VIEW OUR…
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…
Blog Posts | A Brief Refresher on Appraisal in North Carolina, South Carolina, and Georgia
Nov 19, 2019 | By Roman Harper
INTRODUCTION Most first-party property coverage policies contain an appraisal provision that allows either the insured or the insurer to make…
Blog Posts | “Slow and Steady” or “Fast and Furious”: Repeated Seepage or Leakage Policy Exclusion Prevails
Nov 14, 2019 | By Shaheen Nouri
A recent ruling in a U.S. District Court in Missouri may suggest a new path for policy exclusions based on…
Blog Posts | Seeing May Soon be Believing: The Possible Expansion of Summary Judgment in Florida with Respect to Dash Camera Footage
Oct 29, 2019 | By Abraham Mohammad Shakfeh
Many transportation companies use dash cameras for purposes of defending against actions for liability. However, recently in Lopez v. Wilsonart, LLC,…
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…
Podcasts | All About Appellate – Insurance Coverage & Declaratory Judgment Appellate Issues
Oct 17, 2019
Board Certified Appellate Attorney, Carol Rooney, presented her third appellate webinar for 2019 – Insurance Coverage & Declaratory Judgment Appellate…
Podcasts | Subro Sense Podcast – Unpacking Product Claims against Amazon
Oct 09, 2019 | By Aaron Jacobs, Michael Wolfer
Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party…
News, Videos | 2019 Happy Hope Box Event
Sep 25, 2019 | By Richard Gable Jr., David Maldoff, George McMullin
Butler is proud to work with the Message of Hope Foundation to help children who are enduring ongoing treatments across…
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…
Blog Posts | The Evolving Limitations on Appraisers in Florida: Analyzing State Farm Florida Ins. Co. v. Sanders
Aug 13, 2019 | By Shaheen Nouri
Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect…
Podcasts | Subro Sense Podcast – Made Whole Rule: Lessons Learned from the 9/11 World Trade Center Litigation
Aug 13, 2019 | By Aaron Jacobs, Scott Katz, Jessica Skarin
The litigation ensuing from the catastrophic events of 9/11 highlighted the importance of addressing “Made Whole” considerations when evaluating subrogation…
Community News, Videos | Metropolitan Ministries – Backpacks for Hope Drive 2019
Aug 13, 2019
Fueling the next generation through education is important to our firm. For the past 12 years, we have partnered with Metropolitan…
Blog Posts | Phenomenon or Pandemic: Pondering the Potential Legal Implications of the E-scooter Craze
Jul 19, 2019 | By William Linero Jr.
On July 12, 2019, YouTube celebrity Emily Hartridge died from injuries she sustained in a collision between an electric scooter…
Videos | Subro in Seconds | Vlog 3
Jul 09, 2019 | By Aaron Jacobs
The trucking industry has experienced considerable growth in recent years. Trucking and transportation needs are expected to continue in the…
Blog Posts | Amazon is subject to liability as “Seller,” rules the Third Circuit
Jul 08, 2019 | By Michael Wolfer
In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth…
Podcasts | All About Appellate – Federal Appeals in Florida and Texas
Jun 17, 2019
Watch the presentation below. Board Certified Appellate Attorney, Carol Rooney, presented the second part in her All About Appellate…
Blog Posts | Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes
Jun 14, 2019 | By William Linero Jr.
On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim…
Podcasts | Subro Sense Podcast – Unique Factors and Considerations in a Subrogation Release
Jun 12, 2019 | By Aaron Jacobs
SUBRO SENSE PODCAST: EPISODE 3 There are many critical factors that must be considered when drafting or reviewing a proposed…
Blog Posts | Should Amazon be Liable for Products Sold in its Marketplace?
May 30, 2019 | By Michael Wolfer
Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued…
Blog Posts | The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence
May 29, 2019 | By J. Blake Hunter
Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir….
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…
Videos | Subro in Seconds | Vlog 2
May 08, 2019 | By Aaron Jacobs
ALL NEW VLOG! In the landlord/tenant context, the question of who is an insured under the applicable policy may not…
Blog Posts | Know Your Lease: Florida’s 3rd District Revisits Subrogation in the Context of Landlord/Tenant Leases
Apr 29, 2019
Historically, a tenant who pays towards its landlord’s insurance premiums, pursuant to the terms of the lease, is generally considered…
Blog Posts, Court Decisions | Encouraging Proposals for Settlement in Florida: Old Dominion Ins. Co. v. Tipton
Apr 26, 2019 | By Shaheen Nouri
The topic of proposals for settlement in Florida is a dynamic one. Florida courts continue to shape and refine the…
Blog Posts | Breaking News! Florida AOB Reform Explained
Apr 26, 2019 | By Timothy Engelbrecht
The Florida Legislature just passed a bill that makes significant changes to the assignment of benefits (“AOB”) process in Florida….
Blog Posts | Notre Dame and Handling Tragic Losses
Apr 17, 2019 | By Michael Wolfer
Imagine you just received an email with the subject line “New Assignment – April 15, 2019 loss – Paris, France.”…
Blog Posts | Unsuccessfully Using Requests for Admissions as a Sword for Attorney’s Fees
Apr 15, 2019 | By J. Blake Hunter
As a defense attorney practicing in the areas of auto accidents, premises liability, and products liability cases, I observe plaintiff’s…
Podcasts | All About Appellate – Interlocutory Appeals, Cross-Appeals and Appellate Stays
Apr 12, 2019
Watch the webinar below. Carol Rooney presented her first appellate webinar for 2019—Interlocutory Appeals, Cross-Appeals and Appellate Stays – on…
Podcasts | Subro Sense – Coordination of Insured’s Interests and Deductible
Apr 10, 2019 | By Aaron Jacobs
Join Aaron Jacobs and guest speakers, Ying Tse of McLarens and Lisa Weinstein of Southport Financial Services, Inc., as they discuss methods of…
Videos | Why Butler? (Watch Video)
Apr 08, 2019 | By Richard Gable Jr., Jonathan Barger, Tenille Turner-Trigg
At Butler, we believe that meeting the client’s expectations is one of the most important things we do. Watch the…
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…
Blog Posts | Pennsylvania court rules insurer may still be responsible to pay RCV even if repairs never completed.
Mar 07, 2019
In situations where a property insurer denies coverage, the insured often complains that it is faced with a difficult dilemma…
Videos | Subro in Seconds | Vlog 1
Feb 28, 2019 | By Aaron Jacobs
Aaron Jacobs recaps the latest in the world of Subrogation. In this episode, he discusses a recent Pennsylvania case decision…
Blog Posts | The Markovits Decision: Considerations and Implications
Feb 26, 2019 | By Shaheen Nouri
Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement,…
Blog Posts | Not Off the Hook…Trouble in Paradise for Puerto Rico Insurers
Feb 21, 2019
Recent legislative and judicial developments in Puerto Rico may very well have revived thousands of claims that insurers believed to…
Blog Posts | Diversity For Jurisdictional Purposes In Federal Litigation
Feb 18, 2019 | By Aaron Jacobs
Recently, I was speaking with a client, and we were discussing some of the unique issues subrogation professionals face on…
News, Videos | Butler Awarded the Golden Barrel Award
Feb 15, 2019
Butler was awarded the 2018 Golden Barrel Award by the Metropolitan Ministries for our dedication to service and helping our…
Podcasts | Subro Sense – Strategies & Techniques in Mediation
Feb 13, 2019 | By Aaron Jacobs
The first episode of Subro Sense is now available to listen and download! In this episode, Partner Aaron Jacobs and…
Blog Posts, Court Decisions | Lots of Cold Feelings in Pipe Freeze Claims
Feb 12, 2019 | By Michael Wolfer
A recent Pennsylvania decision highlights the difficulties and critical issues associated with identifying potentially liable parties in pipe freeze cases….
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…
Blog Posts | Introducing the New Florida Supreme Court (from an Insurance Perspective)
Jan 25, 2019 | By Matthew Lavisky
Ron DeSantis, the newly sworn Governor of the State of Florida, was given a unique opportunity to remake the Florida…
Blog Posts | The Federal Aviation Authority Reauthorization Act of 2018 and Its Effect on Drones
Jan 15, 2019 | By Ryan Hilton, James Michael Shaw , Jr.
The Federal Aviation Authority (“FAA”) Reauthorization Act of 2018 (the “Act”) was signed into law on October 5, 2018, by…
Blog Posts | Checking the Vitals of Hospital Liens
Jan 14, 2019
Claims adjusters, plaintiffs’ attorneys and defense attorneys all deal with the headaches of hospital liens. And recent case law and…
Podcasts | Subro Sense with Aaron Jacobs
Jan 10, 2019 | By Aaron Jacobs
What’s going on in the world of Subrogation and Recovery? Join Partner Aaron Jacobs as he hosts Butler’s brand-new Podcast…
Blog Posts | Offerors relax! Offerees take note! The technical requirements of rule 2.516 do not apply to proposals for settlement
Jan 07, 2019 | By Mihaela Cabulea
The Florida Supreme Court in Wheaton v. Wheaton, No. SC17-716, 2019 WL 99109 (Fla. Jan.4, 2019), resolved the district split on…
Community News, Videos | Butler Gives Back For The Holidays
Jan 04, 2019
Each year, Butler helps out those in need in the community for the holidays. This holiday season, we teamed up…
Blog Posts | Drone Accident Excluded Under CGL Policy’s Aircraft Exclusion
Dec 14, 2018 | By Ryan Hilton, James Michael Shaw , Jr.
In the most recent edition of our book, Butler on Drones, we reported that ISO has issued specific exclusions for unmanned…
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…
Blog Posts | Florida Supreme Court gives green light to insurers to take immediate appeals of rulings that find no settlement reached
Oct 25, 2018
Attention liability insurers and their counsel – the Florida Supreme Court has given the green light to immediate appeals of…
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 DRI, October 2018. Legal opinions may vary when based on subtle factual…
Blog Posts | Recent Federal Court Decision May Alter the Reservation of Rights Landscape in South Carolina
Oct 10, 2018 | By T. Nicholas Goanos
The Current Precedent: Harleysville Group Insurance v. Heritage Communities, Inc. Only 15 months ago, in Harleysville Group Insurance v. Heritage Communities, Inc.,…
Podcasts | Appellate Issues at Trial – 2018 APPELLATE WEBINAR SERIES
Sep 26, 2018
Listen to Carol Rooney’s third installment of the 2018 Appellate Webinar Series, “Appellate Issues at Trial.” Carol covered common appellate preservation…
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…
Blog Posts | Hurricane Florence: Civil Authority and Ingress/Egress Coverage
Sep 19, 2018 | By K. Clark Schirle
The hurricane may trigger civil authority or ingress/egress coverage for businesses that are not directly damaged but lose income because they…
Blog Posts | Hurricane Florence is aiming for the Carolinas
Sep 10, 2018 | By T. Nicholas Goanos, L. Andrew Watson
Hurricane Florence is rapidly intensifying into a major hurricane and is expected to make landfall later this week in North…
Blog Posts | Full Consent to Assignments
Sep 06, 2018 | By William Collum
Because there can be more than one individual or entity that holds an interest in the property, a property insurance…
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…
Blog Posts | Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases
Aug 16, 2018 | By Matthew Lavisky
Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for…
Community News, Videos | Metropolitan Ministries – Backpacks for Hope Drive 2018
Aug 13, 2018
Butler Weihmuller Katz Craig has teamed up once again with Metropolitan Ministries! Click the video below to see how:
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…
Podcasts | Appellate Standards of Review – 2018 APPELLATE WEBINAR SERIES
Jun 13, 2018
Appellate Standards of Review Under Florida and Texas Law by Carol Rooney. This is the second webinar in her four-part 2018…
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…
Blog Posts | This offer expires in 30 days! No automatic extensions says high court
May 21, 2018
The time to respond to a proposal for settlement can no longer be tolled by filing a motion to enlarge…
Publications/ Whitepapers | ATTORNEY HEALTH AND WELL-BEING: IT’S TIME TO FOCUS ON US
May 17, 2018
This article was originally published in the Inter Alia, a publication by the Manatee County Bar Association, May 2018. Legal…
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…
Podcasts | Defending first-Party Property Bad Faith Lawsuits
Apr 24, 2018 | By Matthew Lavisky
Lawsuits for First-Party Property bad faith presented unique challenges to Florida insurers. In Part Two of this webinar series, common…
Blog Posts | Who Really Owns that Mitigation Company? Pennsylvania and New York Law Says it Matters if It’s the Public Adjuster
Apr 18, 2018
It is not unusual for an insurance adjuster to arrive at a new loss to find that the insured has…
Podcasts | Attorney’s Fees and Taxable Cost – 2018 Appellate Webinar Series
Mar 28, 2018
Listen as Partner Carol Rooney presents “Attorney’s Fees and Taxable Costs”, her first webinar of the 2018 Appellate Webinar Series. This…
Podcasts | Quick Investigating Tips for Fire Sprinkler Claims
Mar 20, 2018
Listen to Partner Mary Jo Kuusela as she presented Quick Investigating Tips for Fire Sprinkler Claims. This course provides the adjuster and subrogation specialist…
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…
Podcasts | First-Party Property Bad Faith in Florida – Podcast
Mar 07, 2018 | By Matthew Lavisky
Increasingly, property insurers in Florida are being sued for bad faith. What accounts for this increase? Mainly, it has been…
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….
Blog Posts | Florida Court Rules Against Insurer on Seepage/Leakage Exclusion
Feb 23, 2018 | By Timothy Engelbrecht
Florida first-party property insurers have seen a dramatic rise in the number of reported water loss claims over the past…
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…
Blog Posts | Butler Wins Dismissal of a First-Party Bad Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy
Jan 22, 2018
In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the…
Blog Posts | Eighty Years After Earhart: Congress Moves to Motivate and Facilitate Women In Aviation
Jan 18, 2018
The aviation industry is in dire need of a future workforce. This industry is already suffering from a shortage of…
Blog Posts | AOB Reform Bill Passes Florida House, Senate Future Uncertain
Jan 16, 2018 | By Timothy Engelbrecht
On January 12, 2018, the Florida House of Representatives passed a bill (HB 7015) that would dramatically affect the way…
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…
Blog Posts | All Insurance Adjuster Offices Now Need a Head Honcho!: Florida Legislature Addresses Adjusting and Public Adjusting Firms
Jan 08, 2018
Florida House Bill 911, “An Act Relating to Insurance Adjusters” became law on January 1, 2018. In large part, the…
Blog Posts | FAA Releases Drone Identification and Tracking Report that the FAA Will Consider in Drafting its Final Rule on In-Flight Drone Accountability
Jan 05, 2018 | By Ryan Hilton
Law enforcement agencies want accountability when it comes to drone flights, especially when those flights are over people. Enabling a…
Blog Posts | Recreational Drone Registration Requirement Has Returned
Jan 05, 2018 | By Ryan Hilton
Back on December 21, 2015, the Federal Aviation Administration (FAA) required drone owners to register their drones if their drones…
Blog Posts | Drone Restrictions Over Certain Military Bases, Landmarks, and Department of Energy Facilities
Jan 04, 2018 | By Ryan Hilton
The Federal Aviation Administration’s (“FAA’s”) authority to institute airspace restrictions derives from 14 CFR § 99.7, “Special Security Instructions,” which…
Publications/ Whitepapers | Florida Insurance Appraisals: Don’t Get Me Started!
Dec 18, 2017
This article is originally a publication of Southern Loss Association, Newsletter December 2017. Legal opinions may vary when based on subtle…
Blog Posts | Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear
Dec 15, 2017 | By Matthew Lavisky
In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court…
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.
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…
Blog Posts | Don’t Wreck Your Carmack Claim: Requirements for the Written Notice of Claim
Nov 09, 2017 | By Scott Hefner
Carmack claims are unique animals. Carmack provides a shipper—or its subrogating insurance company—with the sole remedy for damages sustained when goods…
Blog Posts | Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement
Nov 06, 2017 | By Hudson Jones
Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible…
Blog Posts, Court Decisions | Lee Memorial Health System V. Progressive Select Insurance Company
Oct 25, 2017 | By Joshua Golembe
Facts The case arises from an automobile accident when Ruben Gallegos was struck by a car and injured. Mr. Gallegos…
Blog Posts | Federal Judge finds post loss assignment of benefits proper under Pennsylvania law
Oct 24, 2017 | By Richard Gable Jr.
In a recent opinion, Judge Schmehl of the Eastern District of Pennsylvania denied a forced placed insurer’s Motion to Dismiss…
Blog Posts | Alabama and Mississippi Insurance Law Questions Following Hurricane Nate
Oct 19, 2017 | By Michael Montgomery
Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as…
Podcasts | Handling AOB Claims in the wake of Hurricanes Irma & Harvey Podcast
Oct 09, 2017 | By Timothy Engelbrecht
Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and…
Podcasts | Handling Assignment of Benefit (“Aob”) Claims in the Wake of Hurricanes Irma and Harvey
Oct 09, 2017 | By Timothy Engelbrecht
The classic example of an AOB claim is the following: an insured suffers property damage and hires a repair contractor…
Blog Posts | Pennsylvania’s Highest Court Clarifies the Elements of a Statutory Bad Faith Cause of Action
Oct 05, 2017
For the first time, the Pennsylvania Supreme Court, the highest court in the state, enunciated the elements of a bad…
Podcasts | The Art of Advocacy – Persuasive Writing and Oral Arguments Podcast
Oct 05, 2017
Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covered persuasive writing and oral advocacy which are essential skills…
Podcasts | The Art of Advocacy – Persuasive Writing and Oral Arguments
Oct 05, 2017
Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covered persuasive writing and oral advocacy which are essential skills…
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,…
Blog Posts | A Primer on Florida’s “25 Percent Rule” for Roof Repair/Replacement
Sep 25, 2017
The 2014 Florida Existing Building Code (the “Code”) contains what is conventionally called the “25 percent rule” (the “Rule”). The Rule…
Blog Posts | The Rule of Sevens: Evaluating Claims Involving a Child
Sep 21, 2017 | By Zachary Jett
As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the…
Publications/ Whitepapers | Florida Insurance Litigation (2017 Edition)
Sep 20, 2017 | By John Garaffa, Ryan Hilton, 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…
Blog Posts | Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!
Sep 19, 2017
In the event of inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the…
Blog Posts | Handling Assignment of Benefit (“AOB”) Claims in the Wake of Hurricanes Irma and Harvey
Sep 12, 2017 | By Timothy Engelbrecht, T. Nicholas Goanos, L. Andrew Watson
Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and…
Blog Posts | Important Reminders for Adjusting Hurricane Claims
Sep 08, 2017 | By John Garaffa
The number of claims arising from a significant wind event such as Hurricane Irma can create intense time pressure on…
Blog Posts | Hurricane Irma Policy Laws by State
Sep 07, 2017 | By John Garaffa
This weekend Hurricane Irma, a Category 5 Hurricane, is expected to subject South Florida to potentially catastrophic wind, rain and…
Blog Posts | Hurricane Hindsight is 20/20
Sep 01, 2017
It took years of depositions and other discovery to realize that that most of my 2004-2005 hurricane condominium association claims were…
Blog Posts | The Common Interest Doctrine: Maintaining Confidentiality
Aug 29, 2017
While confidentiality is usually destroyed when communications between an attorney and client take place in the presence of a third…
Videos | Why Butler?
Aug 24, 2017 | By Matthew Lavisky
Watch as Partner Matthew Lavisky explains why Butler Weihmuller Katz Craig was his first choice.
Blog Posts | “It’s Not Old, It’s A Classic!”: Risk in Aging Aircraft with GARA Protecting Manufacturers
Aug 23, 2017
The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in…
Podcasts | Insurers, Policyholders, and Defense Lawyers: The Ins and Outs of the Tripartite Relationship Podcast
Aug 22, 2017
Join Partner Anthony Russo as he identifies and analyzes the nature of the relationship between the insurer and the policyholder,…
Blog Posts | Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read The Construction Contract More Closely
Aug 21, 2017
Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute…
Community News, Videos | Metropolitan Ministries – Butler Gives Back for the Holidays
Aug 18, 2017
Butler Weihmuller Katz Craig has teamed up once again with Metropolitan Ministries! Click the video below to see how:
Blog Posts | The ABC’s of ACV in Subrogation Claims
Aug 15, 2017 | By Aaron Jacobs
Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the…
Blog Posts | To Fee or Not to Fee, That is the Question: The Florida Supreme Court Finds Coverage for Proposal for Settlement Sanctions in Favor of the Plaintiff Under an Automobile Liability Policy in Macedo II
Aug 09, 2017 | By J. Blake Hunter, Kathy Maus
To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy…
Blog Posts | Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed
Aug 08, 2017 | By T. Nicholas Goanos
For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith”…
Blog Posts | Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.
Aug 04, 2017
Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do…
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…
Blog Posts | The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand
Jul 26, 2017
On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr….
Blog Posts | That Sinking Feeling: Sinkholes, Florida Law, and Some Questions Raised by The Recent Collapse in Land O’ Lakes
Jul 25, 2017 | By John Garaffa, Jason Seitz
The recent catastrophic ground cover collapse in Land O’Lakes attributed to a sinkhole highlights the unique aspects of Florida geology…
Blog Posts | Subrogation Following a Hurricane is All Hands on Deck
Jul 18, 2017 | By Matthew Peaire
Hurricane season began June 1st, and runs through November 30th. However, we are about 30 days from approaching the peak…
Blog Posts | The Innocent Co-Insured: Underestimating Definite and Indefinite Articles
Jul 17, 2017
I begin this with the following caveat for all my grammar gurus out there: I understand that the word “any”…
Blog Posts | New Laws passed in Florida and Oregon add to Varying State Drone Regulations
Jul 14, 2017
Florida and Oregon have both recently changed their Unmanned Aircraft Systems “UAS” (or “drone”) regulations, joining the vast majority of…
Publications/ Whitepapers | Florida Water Loss Claims: What’s Owed, And When?
Jul 14, 2017
This article is originally a publication of Law360. Legal opinions may vary when based on subtle factual differences. All rights reserved. Water…
Blog Posts | Ransomware is taking the world by storm; does insurance respond?
Jul 13, 2017 | By John Garaffa, K. Clark Schirle
On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more…
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. ©…
Blog Posts | Earth Movement: “Any” Means Any; Home-Owners Insurance Company v. Dominic F. Andriacchi (Michigan Court of Appeals)
Jul 05, 2017 | By K. Clark Schirle
Property policies typically include an exclusion for loss caused by or resulting from earth movement. Some insurers will provide coverage…
Publications/ Whitepapers | Butler Quarterly – Spring
Jun 27, 2017
Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Spring
Podcasts | Extraordinary Writs: Certiorari, Prohibition and Mandamus
Jun 26, 2017
Extraordinary Writs: Certiorari, Prohibition and Mandamus. The ins and outs of appellate relief via an extraordinary writ covered by Carol in…
Blog Posts | Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review
Jun 22, 2017
Background: For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in…
Blog Posts | Florida’s Third District Court of Appeals provides a warning with negligent procurement action.
Jun 20, 2017
In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017),…
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…
Blog Posts | The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers
May 24, 2017 | By Tracy Jurgus, James Michael Shaw , Jr.
Model-aircraft hobbyist John Taylor didn’t want to register his model aircraft with the FAA pursuant to the newly created drone…
Blog Posts | Insurance Proceeds Payable to Tenant Diverted to Pay for Property Owner’s Back Taxes
May 19, 2017
The Third Circuit Court of Appeals sitting in Pennsylvania recently issued a precedential decision that interpreted the definition of a…
Podcasts | Preserving Error For Appeal in Florida State Courts 2017 Podcast
May 02, 2017
Carol’s first webinar for the 2017 Appellate Webinar Series covered preserving error for appeal in Florida state courts. Don’t win…
Publications/ Whitepapers | Tort Trial & Insurance Practice Law Journal, Winter 2017
Apr 21, 2017 | By William (Bill) Lewis, John Garaffa
This information or any portion thereof may not be copied or disseminated in any form or by any means or…
Blog Posts | Supreme Court says lawyer’s referral of client to a doctor for treatment is attorney-client privileged communication, and out of bounds in discovery
Apr 14, 2017
The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose…
Blog Posts | The Answers to Some of Your Questions About What Airlines Can Do When a Flight is Overbooked and Someone Is Going to Have to Get Off of the Plane
Apr 13, 2017 | By James Michael Shaw , Jr.
Suddenly, the entire world is interested in learning about the laws governing airlines’ actions when a flight is overbooked. It…
Blog Posts | A Federal Court in Kentucky Shoots Down Drone Airspace Case
Apr 05, 2017
The Western District of Kentucky recently granted a motion to dismiss for lack of subject matter jurisdiction, determining that there…
Blog Posts | Florida Supreme Court To Consider Rule Change Allowing Immediate Review Of Orders On Settlement Agreements
Apr 03, 2017
The Florida Bar Appellate Rules Committee has proposed to the Florida Supreme Court an amendment to the appellate rules that…
Blog Posts, Court Decisions | District Judge in New Jersey Rules Waiver of Subrogation Provision in Residential Lease Is Unenforceable
Mar 22, 2017 | By Michael Wolfer
Allstate New Jersey Insurance Company v. AvalonBay Communities, Inc., Case No. 16—5441, 2017 WL 1095473 (D.N.J. March 22, 2017). Background…
Blog Posts | Pennsylvania Superior Court adopts narrow interpretations of surface water exclusion and ensuing loss clause
Mar 21, 2017 | By Richard Gable Jr.
In the Ridgewood Group LLC v Millers Capital Insurance Company, No. 1138 EDA 2016, February 27, 2017, the Superior Court of…
Blog Posts | 2017 Florida State Legislature to Consider Bills Aimed at Assignments of Benefits, Water Losses, Appraisers, and Umpires
Mar 14, 2017
The 2017 Florida Legislative Session convened on March 7. Of particular interest to property insurers are the following bills, which…
Blog Posts | Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies
Mar 07, 2017 | By Hudson Jones
Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It…
Blog Posts, Court Decisions | Eleventh Circuit Challenges Diversity Jurisdiction and Vacates Summary Judgment
Mar 02, 2017
Thermoset Corporation v. Building Materials Corp. of America, No. 15—13942, 2017 WL 816224 (11th Cir. March 2, 2017) Significance This case…
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>>
Blog Posts | New Medicare Conditional Payment Case: Federal Court Requires Cms to Perform Surgery on its Primary Plan Reimbusement Demands
Feb 27, 2017
Doctors often treat Medicare beneficiaries for accident-related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare)…
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
This article originally appeared in a NASP Article for Subrogator – Terms and Conditions. Legal opinions may vary when based on subtle factual differences. All…
Blog Posts, Court Decisions | Florida Third Dca Finds No Irreparable Harm Justifying Certiorari in Action Abated to Allow Insurer to Proceed on its Election to Repair
Feb 22, 2017
Hernandez v. Florida Peninsula Insurance Company, No 3D16—415, 2017 WL 697727 (Fla. 3d DCA Feb. 22, 2017) Summary The insureds…
Blog Posts | Supreme Court speaks on Daubert – says not much
Feb 21, 2017
Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert…
Blog Posts | Surplus Insurers, Too, Can Rely on the Application to Interpret Policy
Feb 16, 2017 | By Fay Ryan
Section 627.419 of the Florida Statutes provides that “[e]very insurance contract shall be construed according to the entirety of its…
Blog Posts, Court Decisions | Florida Court Reverses Order Compelling Appraisal on 11-year-old Hurricane Wilma Claim for Failure to Comply with all Post-loss Conditions
Feb 15, 2017
State Farm Florida Insurance Company v. Fernandez, No. 3D16—1441, 2017 WL 621247 (Feb. 15, 2017) Significance The Third DCA held…
Blog Posts, Court Decisions | Florida Court Holds Questions of Fact Were Created as to Whether Insured Substantially Complied with Post-loss Obligations and Whether Insurer was Prejudiced by Insured’s Untimely Compliance
Feb 08, 2017
State Farm Florida Insurance Company v. Figueroa, No. 4D15—2698, 2017 WL 514361 (Fla. 4th DCA Feb. 8, 2017) Significance In…
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…
Blog Posts | Safeguarding Every Veteran’s Benefits: Lessons from Bruce V. Mcdonald, 2017 Wl 57172
Jan 18, 2017 | By John Garaffa
On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration…
Blog Posts | What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?
Jan 11, 2017 | By Timothy Engelbrecht, T. Nicholas Goanos
Insurance coverage litigation today is often time-consuming and expensive. Many cases include claims for “bad faith” damages, and some cases…
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
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…
Blog Posts | Trial Court Slips and Falls in Granting Motion for New Trial
Dec 06, 2016
On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial…
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…
Blog Posts | Johnson v. Omega Ins. Co.
Nov 22, 2016
Johnson v. Omega Ins. Co., 2016 WL 5477795 (Fla. Sept. 29, 2016) The Florida Supreme Court’s opinion in Johnson v. Omega…
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…
Blog Posts, Court Decisions | Florida Supreme Court Strengthens use of Proposals for Settlement by Plaintiffs Seeking Attorney Fees Against Defendants with Joint and Several Liability
Nov 03, 2016 | By Brian Webb
Anderson v. Hilton Hotels Corp., Case No. SC15—124, 2016 WL 6538663 (Fla. Nov. 3, 2016). Significance The Florida Supreme Court…
Blog Posts | Southern District Refuses to Remand Unremovable Case
Nov 02, 2016 | By Julius “Rick” Parker III
On September 21, 2016, a District Judge in the Southern District of Florida denied a plaintiff’s motion to remand a…
Publications/ Whitepapers | What’s A Court To Consider After A Post-Suit Payment?
Oct 26, 2016
Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language…
Podcasts | Butler Podcast: Handling Assignment of Benefit (“AOB”) Claims Podcast
Oct 21, 2016
Why are AOB claims on the rise in First-Party Property Claims? How do you read an AOB, and what do…
Blog Posts, Court Decisions | Florida Supreme Court Relaxes Strict Construction for Proposals for Settlement
Oct 20, 2016
Kuhajda v. Borden Dairy Co. of Ala., LLC, No. SC15—1682 (Fla. Oct. 20, 2016) In an opinion by Justice Canady,…
Blog Posts | Understanding How Insurance Policy Conditions Apply When There is an Assignment of Benefits
Oct 20, 2016 | By Timothy Engelbrecht
Florida first-party property insurers have seen a dramatic rise in assigned insurance claims. In the typical scenario, an insured assigns…
Publications/ Whitepapers | Kentucky- Business Personal Property Damages Excluded Under Daubert
Oct 20, 2016
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…
Blog Posts | Eleventh Circuit Finds Mere Existence Of Insurance Contract Satisfies Condition Precedent To Action For Double Damages Under The Medicare Secondary Payer Act
Oct 06, 2016
The Eleventh Circuit Court of Appeals recently held that a private insurance company/PART C Medicare Advantage Organization (MAO) may sue…
Blog Posts | A “Top Ten” List for Handling Condominium Association Claims
Oct 06, 2016
Condominium association property claims can be contentious and confusing. Large condominium buildings often are the subject of multi-million dollar insurance…
Blog Posts | Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case
Oct 05, 2016 | By Kathy Maus, Julius “Rick” Parker III
On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter…
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…
Blog Posts | A Synergistic Team: How to Help Us Help You
Aug 22, 2016
Making the rounds lately have been a number of articles and “Top 10” lists on how outside counsel can provide…
Blog Posts, Court Decisions | North Carolina Court of Appeals Holds that Admission of Affidavit in Support of Motion for Summary Judgment Served to Plaintiff at Least two Business Days Prior to Hearing was not Abuse of Discretion
Aug 16, 2016
Boling v. Greer and Estes Express Lines, Inc., No. COA15—681, 2016 WL 4367256 (N.C. App. Aug. 16, 2016) BACKGROUND This…
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…
Blog Posts | Front Pay & Back Pay: How About No Pay?
Aug 04, 2016
In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job…
Blog Posts | Second DCA Reaffirms Sinkhole Insurers’ Contractual Right to Withhold Payment for Subsurface Repairs Until the Policyholder Presents a Signed Contract for Those Repairs
Aug 01, 2016
Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the…
Blog Posts | Second DCA Reaffirms Orders Allowing Assignment of Homeowners’ Insurance Claims to AOB Companies
Jul 25, 2016
In Start to Finish Restoration LLC v. Homeowner’s Choice Property & Cas. Ins. Co., 2D15-2206 (Fla. 2d DCA June 10, 2016),…
Blog Posts | Second DCA Refuses to Allow Insurer to Obtain Settlement Information from Settling Co-Defendant
Jul 18, 2016
In Allen v. State Farm Florida Ins. Co., 2D15-3114 (Fla. 2d DCA June 10, 2016), a sinkhole plaintiff sued two insurers…
Blog Posts | A Look at an Insured’s Post-Loss Duty to Cooperate: Exactly How Much Cooperation is Necessary?
Jul 07, 2016
The Eleventh Circuit Court of Appeals reaffirmed that an insurer is entitled to summary judgment when its insured fails to…
Blog Posts, Court Decisions | Homeowners’ Pre-loss Subrogation Waiver Upheld
Jul 01, 2016
Allstate Insurance Company v. ADT, LLC, formerly known as Brinks Home Security, Inc. and/or Broadview Home Security, Inc., No. 1:15—cv—517, 2016 WL…
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. ©…
Blog Posts | Treading Water: Florida Office of the Insurance Consumer Advocate Holds Forum on Florida’s Ongoing Water Loss Crisis
Jun 24, 2016
On June 14, 2016, the Department of Financial Services Consumer Advocate held a public forum in Boca Raton called, “Troubled…
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…
Blog Posts | Proposals For Settlement Must Strictly Follow the Rules
Jun 07, 2016
A recent Fourth District Court of Appeals case invalidated proposals for settlement for a technical foul. The source of the…
Blog Posts | Ochoa v. Koppel
May 20, 2016
The Second District Court of Appeal, on May 20, issued a ruling that the filing of a motion to enlarge…
Blog Posts, Court Decisions | Tennessee’s Economic Loss Rule Still Applies Only to Purely Economic Losses
May 06, 2016 | By Zachary Jett
SPO GO Holdings, Inc., v. W&O Construction Company, Inc., and the City of Spring Hill, Tennessee, 2016 WL 2607005 Please…
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…
Blog Posts | Court Addresses AOBs and Standing to Sue
Apr 26, 2016 | By Timothy Engelbrecht
Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit (“AOB”) litigation that…