Archives

Jan 23, 2023 | By Mihaela Cabulea

This article was originally published in The Trial Advocate, Vol. 41 No. 3 (2022). Used with permission. There is no…

Jul 28, 2022



Jan 05, 2021



Jan 29, 2020 | By William (Bill) Lewis

Recent Developments In Property Insurance Law

Dec 18, 2017

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

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,…

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

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

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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. ©…

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…

Oct 24, 2013 | By Brian Webb

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

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…

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…

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…

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…

Mar 28, 2013

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

Jan 31, 2013

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

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….

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…

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,…

Oct 01, 2012

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

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,…

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…

Sep 01, 2012 | By Denise Anderson

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

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…

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…

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…

Apr 01, 2012

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

Mar 22, 2012 | By Ryan Hilton

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

Feb 23, 2012 | By John Garaffa

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

Feb 10, 2012 | By Aaron Jacobs, Scott Katz

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

Jan 30, 2012 | By Ryan Hilton

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

Jan 04, 2012

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

Jun 23, 2011 | By William (Bill) Lewis

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

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

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

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

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

Dec 09, 2010 | By Kimberly Ramey, Fay Ryan

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

Nov 24, 2010 | By David Mercer

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

Nov 17, 2010 | By Scott Katz

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