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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 | By Carol Rooney

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,…

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

Sep 22, 2020 | By Michael McLaughlin

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

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 | By Sarah Anderson

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

Blog Posts | Amazon: Primed for Trouble?

Sep 04, 2020 | By Scott Hefner

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

Podcasts | Subro Sense – 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 | By Thomas Burgess, Jr.

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

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

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

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

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 | By Paola Solano

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

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 | By Amanda Mezer

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

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

May 27, 2020 | By Aaron Jacobs

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

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

May 21, 2020 | By Maxwell Stape

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

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

May 21, 2020 | By T. Nicholas Goanos

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

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., Michael McLaughlin

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

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

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 W. Douglas Berry, John Garaffa

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

Publications/ Whitepapers | Coronavirus and Property Insurance Policies

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

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

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

Apr 02, 2020 | By Jessica Stillwell

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

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 | By Carol Rooney

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 | By Paola Solano

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 | By Pace Mawhinney

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, Sarah Burke, Ryan Hilton, Julius “Rick” Parker III, Jason Seitz, J. Blake Hunter, Carol Rooney, James Michael Shaw , Jr.

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

Videos | Women’s History Month – Chien-Shiung Wu

Mar 12, 2020 | By Thais Passerieu

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 | By Michael Bayern

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 | By Janice Buchman, Anthony Russo

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 | By Janice Buchman, Suzanne DeCopain

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 | By Janice Buchman, Nicia Mejia

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

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 | By Bret Freeman

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 | Six Critical Steps For Achieving A Successful Mediation

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

Publications/ Whitepapers | Unraveling The Complexities Of Contractual Disputes

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

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

Jan 29, 2020 | By Dean Rauchwerger

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

Publications/ Whitepapers | Mcs90 Endorsements Provide Significant Subrogation Recovery Opportunities

Jan 29, 2020 | By Dean Rauchwerger

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

Publications/ Whitepapers | Property Insurance Litigation Handbook, 2007

Jan 29, 2020 | By K. Clark Schirle

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

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

Jan 29, 2020 | By K. Clark Schirle

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

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

Jan 23, 2020

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

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

Jan 23, 2020 | By Michael Wolfer

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

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

Jan 23, 2020 | By Kimberly Ramey, Jessica Stillwell

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

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

Jan 23, 2020 | By Geoffrey Waguespack

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

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

Jan 23, 2020 | By Kimberly Ramey

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

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 | All About Appellate – Case Law Update: Texas and Florida Law

Dec 30, 2019 | By Carol Rooney

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

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 Brittney Bagiardi, Richard Gable Jr., David Maldoff, George McMullin, Peter Vogt, Eric Zivitz

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

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 | Carmack Claims

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 | By Carol Rooney

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 | By Thomas Burgess, Jr.

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

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

Apr 26, 2019

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

Blog Posts | Breaking News! Florida AOB Reform Explained

Apr 26, 2019 | By Timothy Engelbrecht

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

Blog Posts | Notre Dame and Handling Tragic Losses

Apr 17, 2019 | By Michael Wolfer

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

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

Apr 15, 2019 | By J. Blake Hunter

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

Podcasts | All About Appellate – Interlocutory Appeals, Cross-Appeals and Appellate Stays

Apr 12, 2019 | By Carol Rooney

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 Matthew Lavisky

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 | By Michael McLaughlin

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

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

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

Feb 21, 2019 | By Thais Passerieu

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

Blog Posts | Diversity For Jurisdictional Purposes In Federal Litigation

Feb 18, 2019 | By Aaron Jacobs

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

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 | By S. Cristina Perez

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…

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 | By Anthony Russo

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 Defense Research Institute, 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 | By Carol Rooney

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…

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 | By Carol Rooney

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 | By Anthony Russo

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

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 | By Michael McLaughlin

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 | By Carol Rooney

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 | By Mary Jo Kuusela

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 | By J. Pablo Cáceres

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

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

Jan 18, 2018

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

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

Jan 16, 2018 | By Timothy Engelbrecht

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

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 | By W. Douglas Berry

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

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

Jan 05, 2018 | By Ryan Hilton

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

Blog Posts | Recreational Drone Registration Requirement Has Returned

Jan 05, 2018 | By Ryan Hilton

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

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

Jan 04, 2018 | By Ryan Hilton

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

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

Dec 18, 2017 | By J. Pablo Cáceres

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

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., Michael McLaughlin

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

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

Nov 29, 2017 | By Matthew Lavisky

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

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 | By Michael McLaughlin

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 | By Carol Rooney

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 | By Carol Rooney

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 | By J. Pablo Cáceres

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

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

Sep 21, 2017 | By Zachary Jett

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

Publications/ Whitepapers | Florida Insurance Litigation (2017 Edition)

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

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

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

Sep 19, 2017 | By Jason Lowe

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

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

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

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

Blog Posts | Important Reminders for Adjusting Hurricane Claims

Sep 08, 2017 | By John Garaffa

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

Blog Posts | Hurricane Irma Policy Laws by State

Sep 07, 2017 | By John Garaffa

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

Blog Posts | Hurricane Hindsight is 20/20

Sep 01, 2017 | By J. Pablo Cáceres

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

Blog Posts | The Common Interest Doctrine: Maintaining Confidentiality

Aug 29, 2017 | By Jason Lowe

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

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 | By Anthony Russo

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…

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

Aug 15, 2017 | By Aaron Jacobs

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

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

Aug 08, 2017 | By T. Nicholas Goanos

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

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

Aug 04, 2017 | By Anthony Russo

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

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 | By Anthony Russo

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

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

Jul 25, 2017 | By John Garaffa, Jason Seitz

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

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

Jul 18, 2017 | By Matthew Peaire

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

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

Jul 17, 2017

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

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

Jul 14, 2017

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

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

Jul 14, 2017 | By J. Pablo Cáceres

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

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 | By Carol Rooney

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 | By Michael McLaughlin

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 | By Carol Rooney

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, Sarah Burke

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 | By Anthony Russo

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

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

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

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

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

Apr 05, 2017

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

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

Apr 03, 2017 | By Anthony Russo

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

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

Mar 22, 2017 | By Michael Wolfer

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

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

Mar 21, 2017 | By Richard Gable Jr.

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

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

Mar 14, 2017

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

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

Mar 07, 2017 | By Hudson Jones

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

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

Mar 02, 2017

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

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 | By Mary Jo Kuusela

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

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

Feb 22, 2017

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

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

Feb 21, 2017 | By Anthony Russo

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

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

Feb 16, 2017 | By Fay Ryan

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

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

Feb 15, 2017

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

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 | By Carol Rooney

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

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

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

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

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 | By Anthony Russo

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

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 | By Anthony Russo

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

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 | By Mary Jo Kuusela

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

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

Oct 18, 2016 | By Timothy Engelbrecht

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

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

Oct 11, 2016 | By Jessica Skarin

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

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

Oct 10, 2016 | By Jessica Skarin

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

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

Oct 06, 2016

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

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

Oct 06, 2016 | By J. Pablo Cáceres

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

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

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

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

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…

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 | By Eric Zivitz

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

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

Aug 01, 2016 | By Anthony Russo

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

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

Jul 25, 2016 | By Anthony Russo

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

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

Jul 18, 2016 | By Anthony Russo

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

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

Jul 07, 2016

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

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

Jul 01, 2016

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

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 | By Anthony Russo

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

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

May 06, 2016 | By Zachary Jett

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

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…

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

Apr 15, 2016 | By Dean Rauchwerger

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

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

Apr 14, 2016 | By T. Nicholas Goanos

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

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

Apr 04, 2016

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

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

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

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

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

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

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

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

Mar 23, 2016

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

Blog Posts | Court Addresses AOBs and Appraisal

Mar 23, 2016 | By Timothy Engelbrecht

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

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

Mar 07, 2016

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

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

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

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

Blog Posts | Middle District Denies Remand in Removed Uim Case

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

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

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

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

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

Blog Posts | Drone Wars: Will The Litigation Awaken?

Feb 16, 2016

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

Blog Posts | Court Reverses Judgment for Insurer Invalidating AOB

Feb 10, 2016 | By Timothy Engelbrecht

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

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

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

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

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

Feb 02, 2016

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

Blog Posts | Court Affirms Judgment for Insurer Invalidating AOB

Jan 28, 2016 | By Timothy Engelbrecht

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

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

Jan 26, 2016

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

Blog Posts | An Introduction to the Butler Specialty Trial Team

Jan 13, 2016 | By Scott Frank

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

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

Dec 17, 2015

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

Publications/ Whitepapers | Introduction To Insurance Subrogation

Dec 17, 2015 | By Matthew Peaire, Jessica Skarin

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

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

Dec 10, 2015

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

Blog Posts | The Emperor’s New Claims

Dec 08, 2015

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

Publications/ Whitepapers | About Jim . . . Briefly

Nov 18, 2015

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

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

Nov 16, 2015 | By Dean Rauchwerger

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

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

Nov 02, 2015

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

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

Oct 28, 2015 | By John Garaffa

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

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

Oct 22, 2015

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

Blog Posts | What to do with racist employees?

Oct 21, 2015

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

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

Oct 15, 2015

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

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

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

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

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

Oct 13, 2015 | By Dean Rauchwerger, Geoffrey Waguespack

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

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

Sep 28, 2015

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

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

Sep 28, 2015 | By J. Blake Hunter

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

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

Sep 25, 2015

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

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

Sep 16, 2015 | By K. Clark Schirle

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

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

Sep 14, 2015

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

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

Sep 08, 2015

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

Publications/ Whitepapers | Judge John Badalamenti Joins The Second District

Sep 08, 2015 | By Anthony Russo

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

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

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

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

Publications/ Whitepapers | Time Element Coverages In Business Interruption Insurance

Sep 02, 2015 | By K. Clark Schirle

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

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

Aug 27, 2015 | By Michael McLaughlin

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

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

Aug 11, 2015 | By Richard Gable Jr.

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

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

Aug 10, 2015

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

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

Aug 05, 2015

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

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

Jul 24, 2015

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

Blog Posts | Litigation Benefits to Manufacturers of Tracking Accidents

Jul 22, 2015

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

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

Jul 21, 2015

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

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

Jul 15, 2015

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

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

Jul 08, 2015 | By Carol Rooney

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

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

Jul 07, 2015 | By Jason Lowe

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

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

Jun 17, 2015

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

Blog Posts | Judge: No Data Breach Negligence In PA

Jun 12, 2015

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

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

Jun 10, 2015 | By Michael McLaughlin

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

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

Jun 04, 2015

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

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

Jun 04, 2015 | By Ryan Garrett

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

Blog Posts | The Florida Supreme Court Endorses Citizens’ Immunity

Jun 02, 2015 | By Anthony Russo

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

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

May 05, 2015 | By Dean Rauchwerger

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

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

May 01, 2015 | By William Collum

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

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

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

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

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

Apr 09, 2015

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

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

Apr 08, 2015

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

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

Apr 06, 2015

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

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

Apr 06, 2015

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

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

Apr 01, 2015 | By Michael McLaughlin

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

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

Mar 13, 2015 | By Matthew Lavisky

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

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

Mar 05, 2015 | By Michael McLaughlin

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

Publications/ Whitepapers | Recent Legal Developments

Mar 01, 2015

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

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

Feb 27, 2015

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

Blog Posts | The Case of the Millennial Juror

Feb 25, 2015

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

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

Feb 23, 2015

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

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

Feb 13, 2015

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

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

Feb 11, 2015

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

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

Feb 10, 2015 | By Fay Ryan

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

Publications/ Whitepapers | Ricky’s Believe It Or Not

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

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

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

Jan 20, 2015 | By Richard Gable Jr.

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

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

Jan 15, 2015

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

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

Jan 13, 2015 | By David Mercer

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

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

Jan 09, 2015

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

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

Jan 01, 2015

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

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

Dec 22, 2014 | By Jamie Combee Novaes

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

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

Dec 03, 2014

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

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

Dec 01, 2014 | By Jessica Skarin

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

Blog Posts | Pennsylvania Supreme Court Revises Strict Liability Law

Nov 25, 2014

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

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

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

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

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

Nov 10, 2014 | By John Garaffa

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

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

Nov 01, 2014

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

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

Oct 27, 2014 | By Fay Ryan

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

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

Oct 13, 2014 | By Mary Jo Kuusela

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

Publications/ Whitepapers | Illuminating Fraud: Spotlight On Affirmative Litigation

Oct 01, 2014

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

Publications/ Whitepapers | Optimizing The Use Of Technology In Mediation

Oct 01, 2014 | By Aaron Jacobs, Matthew Peaire

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

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

Sep 26, 2014 | By John Garaffa

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

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

Sep 22, 2014 | By Ryan Hilton

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

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

Sep 17, 2014

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

Blog Posts | The Tripartite Relationship and Unintended Consequences

Sep 08, 2014

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

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

Aug 27, 2014

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

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

Aug 26, 2014 | By Michael Montgomery

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

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

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

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

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

Aug 19, 2014 | By L. Andrew Watson

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

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

Aug 04, 2014

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

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

Jul 24, 2014 | By Richard Gable Jr.

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

Blog Posts | The Emperor’s New Property Damage?

Jul 24, 2014

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

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

Jul 24, 2014 | By Michael Montgomery

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

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

Jul 22, 2014 | By Richard Gable Jr.

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

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

Jul 22, 2014 | By John Garaffa, Matthew Peaire

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

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

Jul 22, 2014

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

Blog Posts | Website Operator Immune from Defamation Claims

Jul 21, 2014

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

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

Jun 26, 2014 | By Aaron Jacobs, Jessica Skarin

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

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

Jun 26, 2014 | By Hudson Jones

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

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

Jun 11, 2014

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

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

Jun 01, 2014

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

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

May 23, 2014

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

Publications/ Whitepapers | Burden Of Proof Issues In Consent Judgments

May 22, 2014

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

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

May 01, 2014

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

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

Apr 29, 2014

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

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

Apr 25, 2014 | By Ryan Hilton

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

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

Apr 23, 2014

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

Publications/ Whitepapers | “Texas Damages”

Apr 01, 2014 | By Hobart Hind Jr.

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

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

Apr 01, 2014 | By Hobart Hind Jr.

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

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

Mar 27, 2014 | By David Mercer

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

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

Mar 13, 2014 | By Brian Webb

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

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

Mar 13, 2014

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

Publications/ Whitepapers | Business Interruption And Damage Claims

Mar 01, 2014 | By John Garaffa

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

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

Jan 24, 2014

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

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

Jan 14, 2014

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

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

Dec 19, 2013 | By David Mercer

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

Publications/ Whitepapers | The Dangers Of Evidence Disposal

Dec 01, 2013 | By Matthew Peaire

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

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

Dec 01, 2013 | By Scott Katz, Jessica Skarin

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

Publications/ Whitepapers | This Mediation Is Confidential, Right?

Nov 21, 2013 | By Kimberly Ramey

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

Publications/ Whitepapers | Pleading Requirements For Fees In Original Proceedings

Nov 01, 2013

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

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

Oct 24, 2013 | By Brian Webb

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

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

Oct 15, 2013

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

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

Sep 26, 2013 | By Ryan Hilton

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

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

Sep 03, 2013

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

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

Sep 01, 2013 | By John Garaffa, Matthew Peaire

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

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

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

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

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

Aug 01, 2013

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

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

Jul 25, 2013 | By Ryan Hilton

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

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

Jul 10, 2013

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

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

Jul 08, 2013 | By K. Clark Schirle

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

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

Jul 03, 2013

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

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

Jul 03, 2013

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

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

Jul 01, 2013

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

Publications/ Whitepapers | Internet Defamation: Corporate Risks And Remedies

Jul 01, 2013

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

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

Jun 27, 2013

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

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

Jun 27, 2013

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

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

Jun 27, 2013 | By Hudson Jones

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

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

Jun 26, 2013 | By Scott Katz, Jessica Skarin

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

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

Jun 21, 2013

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

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

Jun 13, 2013

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

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

May 29, 2013 | By Anthony Russo

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

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

May 23, 2013

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

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

May 03, 2013

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

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

May 01, 2013

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

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

May 01, 2013 | By Scott Katz, Aaron Jacobs

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

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

May 01, 2013 | By George McMullin

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

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

Apr 30, 2013

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

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

Apr 25, 2013 | By David Mercer

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

Publications/ Whitepapers | Settling Insurance Bad Faith

Apr 01, 2013

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

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

Apr 01, 2013 | By Geoffrey Waguespack

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

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

Mar 28, 2013 | By Janice Buchman

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

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

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

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

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

Feb 20, 2013

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

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

Feb 01, 2013

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

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

Jan 31, 2013 | By Janice Buchman

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

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

Jan 08, 2013

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

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

Jan 01, 2013 | By Geoffrey Waguespack

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

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

Dec 20, 2012

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

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

Dec 05, 2012

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

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

Nov 21, 2012

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

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

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

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

Publications/ Whitepapers | Ongoing Efforts To Preserve Our Unique Right

Nov 01, 2012 | By Hudson Jones

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

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

Oct 25, 2012 | By Christopher Ramey

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

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

Oct 01, 2012 | By Mary Jo Kuusela

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

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

Oct 01, 2012 | By Geoffrey Waguespack

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

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

Oct 01, 2012 | By Geoffrey Waguespack

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

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

Oct 01, 2012 | By Geoffrey Waguespack

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

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

Sep 30, 2012 | By William Collum

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

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

Sep 27, 2012 | By Timothy Engelbrecht, Thomas Keller

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

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

Sep 01, 2012 | By Denise Anderson, Carol Rooney

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

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

Aug 23, 2012 | By Janice Buchman

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

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

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

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

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

Jul 01, 2012 | By Geoffrey Waguespack

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

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

Jun 29, 2012

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

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

Jun 27, 2012

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

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

May 31, 2012

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

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

May 29, 2012

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

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

May 24, 2012 | By Brian Webb

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

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

May 01, 2012

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

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

Apr 26, 2012 | By David Mercer

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

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

Apr 12, 2012 | By Michael Montgomery

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

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

Apr 11, 2012 | By Ryan Garrett

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

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

Apr 01, 2012 | By Hobart Hind Jr.

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

Publications/ Whitepapers | Tort Reform Legislation In Alabama

Apr 01, 2012 | By George McMullin

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