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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 | 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

Oct 28, 2020 | By David Krouk

Join Partner David Krouk as he presents “Evaluating and Negotiating Complex Bodily Injury and Wrongful Death Claims” for the PLRB Virtual Conference and Expo for…

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

Oct 27, 2020 | By David Krouk

Join Partner David Krouk as he presents “From Cunningham to Coblentz – the Pros and Cons of Consent Judgments” for the 2020 FDLA Virtual FINS…

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 | By Sarah Anderson

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 | 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. #ButlerLegal #Law #VehicleAccidents #BlackBox

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 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 | By Jessica Stillwell

ELEVENTH CIRCUIT REJECTS MANDATORY INSURER INTERVENTION RULE IN CASES INVOLVING COVERED AND UNCOVERED DAMAGES In a recent decision, QBE Specialty Ins. Co. v. Scrap Inc.,…

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 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, Jessica Stillwell

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” for the…

Events | 558 – Kiss, Marry, Or Kill?

Aug 16, 2019 | By Fay Ryan

Partner Fay Ryan and co-presenters Thomas A. Koval (FCCI Insurance Company), Richard Meyerson (S-E-A, Ltd.), Michael E. Milne (Milne Law Group) and Jorge Santeiro (FCCI…

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, the complaint is considered served…

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 aircraft for inclusion into CGL…

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., the South Carolina Supreme Court…

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 cannot access their operations for…

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 Carolina and South Carolina. The storm…

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 factual differences. All rights reserved….

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 factual differences. All rights reserved….

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 differences. All rights reserved. Analysis…

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 differences. All rights reserved. When…

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 differences. All rights reserved. The…

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 differences. All rights reserved. Insurable…

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 for the Northern District of…

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 much simpler to defend than…

eALERTS, News | Hurricane Harvey: Time Requirements

Sep 01, 2017 | By J. Pablo Cáceres

Butler stands ready to assist you with Hurricane Harvey’s claims in Texas. Harvey’s CAT 4 winds devastated Rockport, TX, and the surrounding area. Flooding has…

eALERTS, News | Hurricane Harvey Claims

Aug 28, 2017

This week Hurricane Harvey struck Texas with Category 4 winds and unprecedented rain. Harvey is the first major U.S. hurricane to make landfall in 12…

Blog Posts | To Fee or Not to Fee, That is the Question: The Florida Supreme Court Finds Coverage for Proposal for Settlement Sanctions in Favor of the Plaintiff Under an Automobile Liability Policy in Macedo II

Aug 09, 2017 | By J. Blake Hunter, Kathy Maus

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought…

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” even if there is no…

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 and the impact it can…

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 matters during discovery. It even…

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 terms and conditions as set…

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. All rights reserved. Republished by…

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 can be relied on by…

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 up to the limits of…

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 will surely be a landmark…

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 definition of “flood” and therefore…

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 of an excess judgment from…

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. District Court for the Middle…

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 that damaged other parts of…

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. An insured cannot try a…

Third-Party Coverage