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Third-Party Coverage

There are many complexities and varied scenarios related to claims brought against an insured on charges for injuries and damages. Strong legal representation and attorneys who are adept in litigating liability claims is critical to a successful outcome.

Our third-party coverage attorneys have built rapport with our clients on advisement in third-party claims. For over 40 years, clients have sought our counsel regarding the extent of their contractual obligations to defend and indemnify their insureds and additional insureds.

Categories of claims we have handled

  • General Liability
  • Professional Liability
  • Homeowners Liability
  • Excess/Umbrella Coverage
  • Errors and Omissions Coverage
  • Personal and Commercial Auto Liability

A dynamic legal support for our clients

In addition we also support our clients by offering coverage opinions, we assist in drafting coverage position letters, explore innovative risk transfer options, and where appropriate, initiate coverage litigation.

We have counseled our clients on sophisticated liability insurance coverage issues for decades. Our knowledge lets us quickly and efficiently provide concise, complete legal opinions about difficult liability insurance coverage issues. Our objective is to enable our clients to resolve claims expeditiously, while minimizing the risk of extra-contractual exposure.

Blog Posts | Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code Chapter 542A

Mar 05, 2024 | By Jeffery Allcorn

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A…

Events | The Good, the Bad, and The Ugly: Third Parties in Civil Litigation

March 14, 2024 | By J. Pablo Cáceres

Join Tampa Partner J. Pablo Cáceres and co-presenters Eleni Iacovides and Michael Goodin for the DRI’s 2024 Insurance Coverage and Claims Institute on March 14,…

Events | Statutory Round-Up: New York Insurance Disclosure Rules

December 5, 2023 | By Michael Savett

Join Philadelphia Partner Michael Savett as he speaks on New York State’s recently enacted insurance disclosure rules at the 2023 Construction Defect Claims ExecuSummit on…

Blog Posts, News | Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

September 5, 2023 | By Michael Montgomery, Vincent Fernandez, Jamal McBroom, IV, Samantha Wuschke

  Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from…

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News | Senior Associate Abraham Shakfeh Appointed to Chair of FDLA Premises Liability Committee

August 31, 2023 | By Abraham Mohammad Shakfeh

Join us in congratulating Tampa Senior Associate Abraham Shakfeh for being appointed Chair of the Florida Defense Lawyers Association (FDLA) Premises Liability Committee. His experience…

Blog Posts | Florida Law Requiring Property Claims-Handling Attestation Takes Effect Tuesday, August 1, 2023

Jul 28, 2023 | By Shaheen Nouri

The Florida Office of Insurance Regulation has issued an important memorandum to the insurance industry about the new Florida law that requires each authorized residential…

Publications/ Whitepapers | Partner Michael Montgomery Featured in FDCC Friday 5

Jul 21, 2023 | By Michael Montgomery

Mobile and Tallahassee Partner Michael Montgomery was featured on this week’s FDCC Friday 5! This weekly newsletter highlights important developments, upcoming events, and progress being…

News | Welcome New Philadelphia Partner Michael Savett

July 12, 2023 | By Michael Savett

Join us in giving a warm welcome to our newest Partner in the Philadelphia office, Michael Savett!  Michael Savett represents domestic and London market insurers…

News | Hurricane Season 2023 Begins

June 15, 2023

With the 2023 Hurricane Season upon us, keep this summer a safe and fun one for your family by staying informed and being prepared over…

Events | Butler Sponsors the 2023 Florida Liability Claims Conference

June 14, 2023

Join us at the highly anticipated 2023 Florida Liability Claims Conference, proudly sponsored by Butler Weihmuller Katz Craig. With the ever-evolving landscape of liability claims,…

Events | Liability Mitosis: Creating Multiple Accidents or Occurrences out of One

June 14, 2023 | By Jamie Combee Novaes, Kimberly Ramey

Join Tampa Partners Jamie Combee Novaes and Kimberly Ramey as they present for the FDLA’s 2023 Florida Liability Claims Conference in Lake Buena Vista, FL…

Publications/ Whitepapers | The Comprehensive Guide to Economic Damages, Seventh Edition

Apr 03, 2023 | By John Garaffa

Butler congratulates Tampa Partner John Garaffa for his contribution to The Comprehensive Guide to Economic Damages, Seventh Edition.  The Comprehensive Guide to Economic Damages, 7th Edition…

Blog Posts | Words matter: a series of leaks constitutes a single occurrence under particular policy language

Mar 24, 2023

In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et…

Events | Matthew Lavisky Panelist at Florida Law Con

March 31, 2023 | By Matthew Lavisky

Join Partner Matthew Lavisky and a panel of other legal professionals for the 2023 Miami Bar Association Florida Law Con where they will provide informative…

Blog Posts | Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

Mar 17, 2023 | By T. Nicholas Goanos

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the…

Events | Complex Bodily Injury and Wrongful Death Claims

March 20, 2023 | By David Krouk

Join Partner David Krouk as he presents “Complex Bodily Injury and Wrongful Death Claims” at the PLRB Claims Conference & Insurance Services Expo on March…

Events | Lions, Tigers, and Billboards: An Uncommon Perspective on the Common Law

February 13, 2023 | By Julius “Rick” Parker III

Partner Rick Parker was a panelist for the 2023 Florida Business Forum on February 13, 2023. He was joined by Alfred J. Saikali, Esq. (Shook,…

Events, Webinars | Flood vs. Wind Claims Following Hurricane Ian Webinar

February 23, 2023 | By Matthew Lavisky

Partner Matthew Lavisky and co-presenters Ryan Jones (Traub Lieberman) and Paul McCullough (S.E.A. Ltd.) will be presenting for the FDLA on the topic of Flood…

Blog Posts | Bracing for Fiona – A pre and post analysis of hurricane risk in Puerto Rico and the Caribbean

Sep 21, 2022

Five years after Hurricane Maria, Puerto Rico braced again as Tropical Storm Fiona, expected to become a Hurricane by landfall, made its way to the…

News, Spotlights | Attorney Spotlights | Pablo Cáceres

September 9, 2022 | By J. Pablo Cáceres

Pablo Cáceres is a Partner at the firm who primarily litigates complex First and Third-Party Coverage matters in state and federal courts, including appeals. He…

News | Butler Proudly Sponsors FDLA

June 15, 2022

Butler is proud to be a sponsor for the FDLA 2022 Florida Liability Claims Conference from June 15-17, 2022 at Disney’s Boardwalk Inn. To learn…

Blog Posts | What You Need to Know About Recent Changes to Florida Property Insurance Law Affecting Admitted and Surplus Lines Insurers

May 31, 2022 | By William Collum

Having been called back to the capitol by Florida’s governor for a special session to address issues within the property insurance market, the Florida Legislature…

Blog Posts | ADDRESSING THE PROPERTY INSURANCE CRISIS BY CONTRACT LANGUAGE: New Endorsement Approved By The Florida Department Of Insurance Regulation

May 09, 2022 | By John Garaffa

On November 16, 2021 American Integrity Insurance Company of Florida filed a request for approval for an endorsement to its Homeowners multi-peril policy. The proposed…

Events | Litigating Tile Roof Claims

June 16, 2022 | By Jamie Combee Novaes, D. Grayson Kelly

Join Senior Associates Jamie Combee Novaes and D. Grayson Kelly along with co-presenter Paul R. Marsenison as they present for the FDLA 2022 Florida Liability…

Events | PLRB Claims Conference 2022 – Complex Bodily Injury & Wrongful Death Claims

April 5, 2022 | By David Krouk

Join Partner David Krouk  as he presents for the 2022 PLRB Claims Conference on April 5-6, 2022 in San Antonio, TX. This presentation will: Describe…

Events | Appraisals in Hurricane Alley

June 21, 2021 | By J. Pablo Cáceres, T. Nicholas Goanos

Partners Pablo Cáceres and Nicholas Goanos presented “Appraisals in Hurricane Alley” for the LEA Webinar Series on June 21, 2021. The Insurance appraisal law and…

Blog Posts | Critical Analysis in the Claims Handling Process – One or Multiple Occurrences?

Apr 30, 2021 | By J. Blake Hunter

An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy…

Events | Covid Claim – Where we Are and Where We are Going

Apr 12, 2021 | By John Garaffa

Partner John Garaffa presented on a panel at the American Bar Association (“ABA”) Tort Trial and Insurance Practice Section’s Hot Topics in the World of…

Blog Posts | Butler Feature | LinkedIn Pages

Feb 09, 2021

We are pleased to announce the launch of our new LinkedIn showcase pages. Our showcase pages are an extension of Butler’s practice area pages and…

Events | Diversity Jurisdiction: Remove Your Case to Federal Court and Keep It There

April 8, 2021 | By Hudson Jones, D. Grayson Kelly

Partner Hudson Jones and Senior Associate Grayson Kelly presented “Diversity Jurisdiction: Remove Your Case to Federal Court and Keep It There” for the 2021 NAMIC…

Blog Posts | If I Wanted Your Opinion, I’d Give It To You

Dec 04, 2020 | By J. Blake Hunter

One developing area of Florida law is whether a public official can be held liable for defamation for statements written by an official on Facebook,…

Blog Posts | The Changing Fact of Additional Insured Coverage

Nov 12, 2020 | By J. Blake Hunter

  As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors.  When representing a carrier for a…

Blog Posts | In South Carolina, Documents Outside the Pleadings May Be Utilized to Exclude Coverage

Oct 27, 2020 | By T. Nicholas Goanos

In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a commercial general liability policy is…

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 subtle factual differences. All rights…

Events | Evaluating and Negotiating Complex Bodily Injury and Wrongful Death Claims

October 28, 2020 | By David Krouk

Partner David Krouk presented “Evaluating and Negotiating Complex Bodily Injury and Wrongful Death Claims” for the PLRB Virtual Conference and Expo for Claims Professionals on…

Events | From Cunningham to Coblentz – the Pros and Cons of Consent Judgments

October 27, 2020 | By David Krouk

Partner David Krouk presented “From Cunningham to Coblentz – the Pros and Cons of Consent Judgments” for the 2020 FDLA Virtual FINS Conference.

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 in the insurance industry today….

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

Sep 08, 2020

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

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 an insurer of its duty…

Videos | Butler’s Thursday Tips | ECMs in Third-Party Vehicle Claims

Jun 25, 2020

Join us for this week’s Thursday Tip as attorney Paola Solano discusses the use of ECMs in Third-Party vehicle claims. #ButlerLegal #Law #VehicleAccidents #BlackBox

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

Jun 01, 2020

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

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 insured without the permission of…

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 insurance law. See e.g., Zucker…

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 to every state in the…

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

Apr 02, 2020


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

Feb 28, 2020

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

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 any portion thereof may not…

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

Jan 23, 2020 | By Kimberly Ramey

The Shooting at The Hall Nightclub and Resulting Lawsuits On July 1, 2016, shots were fired inside The Hall nightclub in Palmetto, Florida. Three individuals were…

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, a liability insurer who defends…

Webinars | Insurance Coverage Issues Arising from Hurricanes Harvey and Irma Webinar

Nov 07, 2019 | By J. Pablo Cáceres

Partner Pablo Cáceres and co-presenter Jay Jackter of Safeco Insurance Company will present a webinar titled “Insurance Coverage Issues Arising from Hurricanes Harvey and Irma”…

Third-Party Coverage