Butler Weihmuller Katz Craig LLP

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400 N. Ashley Drive
Suite 2300
Tampa, Florida 33602, United States
Phone: (813) 281-1900
Fax: (813) 281-0900
Areas Of Practice
  • Appellate Practice
  • Class Action
  • Construction Law
  • Environmental Law
  • Insurance
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Personal Injury
  • Products Liability
  • Professional Malpractice
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Other U.S. Locations
  • Alabama
  • Florida
  • Illinois
  • North Carolina
  • Pennsylvania
  • Texas
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100+ Attorneys

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

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 of the Texas Insurance Code, according to a recent decision from the…more

Appraisal Awards, Attorney's Fees, Claim Preclusion, Insurance Claims, Insurance Code

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Butler's Thursday Tips #1 | Staying Fit

Partner Denise Anderson offers some tips on staying active and healthy while working from home. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health, Remote Working

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Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court Restaurant

A victory was obtained in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 (7th Cir. June 8, 2022). The Seventh Circuit affirmed yet another trial court decision in favor of an insurer on a Covid-19 business…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Florida Streamlines Admitting Satellite and Mapping Images into Evidence

Satellite and mapping imagery has an important role in the litigation of property insurance claims, from its use to question a witness under oath, its use as a demonstrative aid at trial, to even being admitted into evidence at…more

Evidence, Florida, Insurance Claims, Insurance Litigation, Insurance Reform

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All Insurance Adjuster Offices Now Need A Head Honcho!: Florida Legislature Addresses Adjusting And Public Adjusting Firms.

Florida House Bill 911, “An Act Relating to Insurance Adjusters” became law on January 1, 2018. In large part, the new legislation deals with the internal operation of public adjusting firms…more

Florida, Insurance Industry, New Legislation, Public Adjusters, Regulatory Standards

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New York Court Emphasizes the Importance of Notice in Subrogation

An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the…more

Insurance Claims, Insurance Litigation, Insurance Regulations, Settlement, State Farm

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BLACK HISTORY MONTH | KATHERINE JOHNSON AND CHARLES DREW

In the last part of our miniseries highlighting several prominent African-American figures in history, we take a look at the lives of Katherine Johnson and Dr. Charles Drew. Starring Janice Buchman and Anthony Russo…more

Career Development, Heritage & Culture, Leadership, Medical Research, NASA

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New Hampshire Confirms Sutton Doctrine Applies To College Dormitories

The determination of whether a tenant is also a coinsured under the landlord’s policy ultimately comes down to the language in the lease and relationship between the parties. In the absence of specific language or a unique…more

Co-Insured Issues, Colleges, Equitable Subrogation, Insurance Claims, Negligence

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What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

​​​​​​​The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory…more

Assignment of Benefits (AOB), Florida, Hurricane Season, Insurance Adjusters, Insurance Claims

See all updates »

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising…more

Denial of Insurance Coverage, Florida, Hurricane Season, Insurance Claims, Insurance Regulations

See all updates »

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the…more

Bars, Bodily Injury, Car Accident, Dram Shop Laws, Drunk Driving

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Effective immediately: Florida Rule of Civil Procedure 1.530(a) applies to certain non-final orders

Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for rehearing filed pursuant to Florida Rule of Civil Procedure 1.530 applied only to…more

Amended Rules, Florida, Insurance Litigation, Interlocutory Appeals, Motion for Reconsideration

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Profiting from a Peril: Business Interruption Valuation During Economic Instability

The pandemic and political turmoil are causing widespread and long-term economic volatility after many years of positive trends. But covered commercial property losses continue, whether caused by fire, wind, or other causes…more

Business Interruption, Business Losses, Commercial Insurance Policies, Florida, Hurricane Season

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Nuanced Aspects of Hurricane Claims: Civil Authority, Ordinance or Law, and Mobile Home Claims

The adjustment of hurricane claims sometimes involve discrete issues regarding either special coverages under insurance policies or different types of structures governed by a patchwork of federal and state laws…more

Building Codes, Civil Authority Coverage, Hurricane Season, Insurance Claims, Insurance Litigation

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Trial Lawyers, Don't Lose Your Appeal

September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued…more

Appeals, Appellate Courts, Appellate Review, FL Supreme Court, Florida

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An Update on Artificial Intelligence and the Law

In May 2023, I was part of a panel that gave a presentation at the London Market Association’s Property Insurance Claims Group’s (PICG) Annual Conference. Part of our presentation addressed the rise of artificial intelligence…more

Artificial Intelligence, Health Insurance, Machine Learning

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Third District Court Of Appeal Joins Debate Over Retroactive Application Of Florida Statute 627.70152’S Presuit Notice Provision

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District…more

Consumer Insurance Products, Financial Services Industry, Florida, Insurance Litigation, Insurance Regulations

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Is Arizona The Beginning Of The End For Peremptory Challenges?

On August 30, 2021, the Arizona Supreme Court instituted a landmark rule change that made Arizona the first state in the country to abolish the use of peremptory challenges in criminal and civil trials.  Challenges to potential…more

AZ Supreme Court, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Jury Selection, Litigation Strategies

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Pennsylvania Supreme Court declines to automatically decide questions of insurance coverage for Covid-19

The Joseph Tambellini Restaurant in Pittsburgh, Pennsylvania recently filed an Emergency Application for Extraordinary Relief to the Pennsylvania Supreme Court pursuant to the Extraordinary jurisdiction statute of 42 Pa.C.S. §…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Litigation, PA Supreme Court

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Addressing The Property Insurance Crisis By Contract Language: New Endorsement Approved By The Florida Department Of Insurance Regulation

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 endorsement addresses what are often discussed as the…more

Department of Insurance, Endorsements, Florida, Insurance Litigation, Insurance Reform

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The Many Faces Of Multiple Liability Claims: Two Divergent Opinions From The Eleventh Circuit Court Of Appeal

The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits.  Both cases involved appeals from summary judgment orders in bad faith…more

Bad Faith, Bodily Injury, Car Accident, Insurance Claims, Insurance Litigation

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

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 right to assert a different defense in the future.” Hoover v. Maxum Indem…more

Consumer Insurance Products, Denial of Insurance Coverage, GA Supreme Court, Georgia, Insurance Claims

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Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer Exclusive of Fees to Specify Amount of Plaintiff’s Attorney’s Fees Excluded

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it…more

Attorney's Fees, Breach of Contract, Damages, Denial of Insurance Coverage, Insurance Claims

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A Brief Refresher On Appraisal In North Carolina, South Carolina, And Georgia

Most first party property coverage policies contain an appraisal provision that allows either the insured or the insurer to make a written demand for appraisal when the parties agree that covered property was damaged by a…more

Appraisal, Condition Precedent, First-Party Coverage, Impartiality, Insurance Adjusters

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Confined to the Four Corners by the Rules of Contract Interpretation

A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company - The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and expectations…more

Commercial Insurance Policies, Contract Interpretation, Insurance Claims, Insurance Litigation, Policy Exclusions

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Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule

A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease…more

Appeals, Co-Insured Issues, Collateral Source Rule, Fire Damage, Fire Insurance

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Florida Law Catches Up to Stalking Drones

In 2015, Dan Mouneimne’s stepdaughter sat outside a downtown Tampa bar when she noticed a drone hovering around her. She fled to her car, and it followed her and crashed on top of her car. The Tampa Police Department told Mr…more

Drones, Emotional Distress Damages, Florida, Injunctive Relief, Privacy Concerns

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The Water Damage Endorsement Does Not Include “Tear Out” Cost in Cast Iron Pipe Claims

Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that water leaks out, causing a loss. The Fifth District Court of Appeal recently addressed this same fact…more

Endorsements, Insurance Claims, Insurance Litigation, Property Damage, Property Insurance

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As The PIP World Turns: Insurance Carriers Do Not Have To Pay 100% Of The Billed Amounts Under Section 627.736, Florida Statutes

A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy…more

Florida, Insurance Claims, Insurance Litigation, Insurance Regulations, Medical Reimbursement

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Subro Sense - The ABC's of RCV and ACV

Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”),…more

Cash Value, Denial of Insurance Coverage, First-Party Coverage, Insurance Adjusters, Insurance Claims

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The Rule of Sevens: Evaluating Claims Involving a Child

As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the property damage. For example, is a child playing with matches or a lighter liable for a fire loss? …more

Insurance Claims, Insurance Industry, Minor Children, Negligence, Property Damage

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Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible for his or her own attorney’s fees, regardless of the outcome of the action. See…more

Contingency Fees, Denial of Insurance Coverage, Fee-Shifting, FL Supreme Court, Homeowner's Insurance

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The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers

Model-aircraft hobbyist John Taylor didn’t want to register his model aircraft with the FAA pursuant to the newly created drone registry. So he took on the FAA, challenging new regulations aimed at unmanned aircraft registration…more

Airspace, Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA)

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Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured retentions.  In City of Asbury Park v. Star Insurance Company, a case of first impression in New Jersey,…more

Deductibles, Insurance Claims, Insurance Litigation, Joint Tortfeasors, Made Whole Doctrine

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What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

​​​​​​​The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory…more

Assignment of Benefits (AOB), Florida, Hurricane Season, Insurance Adjusters, Insurance Claims

See all updates »

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising…more

Denial of Insurance Coverage, Florida, Hurricane Season, Insurance Claims, Insurance Regulations

See all updates »

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v…more

Auto Insurance, Bad Faith, Bodily Injury, Car Accident, GEICO

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QUICK INVESTIGATING TIPS FOR FIRE SPRINKLER CLAIMS

Watch Partner Mary Jo Kuusela as she presented Quick Investigating Tips for Fire Sprinkler Claims. This course provides the adjuster and subrogation specialist with quick investigating tips for simple to complex issues involved…more

Fire Sprinkler Requirements, Property Owners, Subrogation

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Wind v. Flood in the Wake of Hurricane Ian

In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state.  The storm brought with it significant storm surge that caused substantial flooding.  The storm also was accompanied by…more

Flood Insurance, Flooding, Hurricane Season, Insurance Claims, Insurance Litigation

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Dial v. Calusa Palms Master Association, Inc. - Florida Supreme Court Confirms Only Amounts Actually Paid By Medicare Are Admissible As Evidence Of Past Medical Expenses

On April 28, 2022, the Florida Supreme Court issued its decision in Dial v. Calusa Palms Master Association, Inc., which addressed the question: DOES THE HOLDING IN JOERG V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 176…more

Compensatory Damages, Evidence, FL Supreme Court, Insurance Claims, Insurance Litigation

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Wind v. Flood in the Wake of Hurricane Ian

In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state.  The storm brought with it significant storm surge that caused substantial flooding.  The storm also was accompanied by…more

Flood Insurance, Flooding, Hurricane Season, Insurance Claims, Insurance Litigation

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Home Again, Home Again, Jiggity Jig – Are Pennsylvania Courts Misconstruing the Residency Requirement?

Residency has long been the touchstone of insurability when it comes to homeowners insurance. Courts applying Pennsylvania law have held that residency is a condition precedent to insurance coverage under a policy insuring a…more

Consumer Insurance Products, Homeowner's Insurance, Insurance Claims, Insurance Litigation, Insurance Regulations

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Analyzing AOBs: Are the Courts Splitting Hairs or Seeking Statutory Compliance?

So many things in life can be randomly assembled and made to function seamlessly: puzzle pieces for your five-year-old, online gaming teammates, and music mixed by a deejay, to name a few…more

Assignment of Benefits (AOB), Florida, Insurance Claims, Insurance Litigation, Insurance Regulations

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As The PIP World Turns: Insurance Carriers Do Not Have To Pay 100% Of The Billed Amounts Under Section 627.736, Florida Statutes

A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy…more

Florida, Insurance Claims, Insurance Litigation, Insurance Regulations, Medical Reimbursement

See all updates »

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

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 recovering pre-suit attorney’s fees from their property insurers in a…more

Attorney's Fees, Consumer Insurance Products, Florida, Insurance Claims, Insurance Litigation

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

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 recovering pre-suit attorney’s fees from their property insurers in a…more

Attorney's Fees, Consumer Insurance Products, Florida, Insurance Claims, Insurance Litigation

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

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 property insurer to submit, annually, an attestation…more

Attestation Deadlines, Attestation Requirements, Consumer Insurance Products, Florida, Insurance Regulations

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Insurer Doesn’t “Waive” Goodbye To Coverage Defenses By Making A Payment

Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of policy…more

Car Accident, Consumer Insurance Products, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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Tear-Out Costs Get Torn Out Again

On September 13, 2023, the Third District Court of Appeal released its opinion in People’s Trust Insurance Company v. Banks. The opinion is a substitute opinion for the Court’s original opinion, which was issued on August 13,…more

Additional Insured Endorsements, Consumer Insurance Products, Insurance Claims, Insurance Litigation, Policy Terms

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

In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al., the Court granted summary judgment to the…more

Commercial Insurance Policies, Construction Project, Consumer Insurance Products, Denial of Insurance Coverage, First-Party Coverage

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Florida’s Tort Reform and its Impact on Subrogation

HB 837 was introduced to the Florida House of Representatives on February 15, 2023.  The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis…more

Comparative Negligence, Florida, Insurance Reform, Insurance Regulations, Negligence

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Proposed Amendment to Florida Statutes Creates Right of Contribution for Defense Costs

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 an insured may file suit against other insurers asserting…more

Cause of Action Accrual, Contribution Claims, Insurance Litigation, Legislative Agendas, Liability Insurance

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Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony on…more

Admissibility, Appeals, Bad Faith, Bodily Injury, Daubert Standards

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Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute…more

Construction Defects, Construction Litigation, Construction Project, Florida, New Legislation

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Third District Court Of Appeal Joins Debate Over Retroactive Application Of Florida Statute 627.70152’S Presuit Notice Provision

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District…more

Consumer Insurance Products, Financial Services Industry, Florida, Insurance Litigation, Insurance Regulations

See all updates »

Florida’s Second DCA: Coverage Can Remain at Issue Even After Insurer’s Payment

A Florida appellate court recently made clear that the issue of insurance coverage can remain in dispute, even where an insurer has already paid out some benefits to an insured in connection with a claim.  Avatar Prop. & Cas…more

Hurricane Irma, Insurance Claims, Insurance Litigation, Natural Disasters, Policy Terms

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Apples and Oranges: Trials and Appeals

How many lawyers does it take to handle a case?  Well, usually two, one for the trial and another one for the appeal.  And that’s because the functions and procedures in the trial court differ so widely between the courts’…more

Client Representation, Federal Rules of Civil Procedure, Litigation Strategies, Trial Practice Guidance, Trial Preparation

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

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 forth in the policy and as amplified, extended, or modified by any…more

Florida, Insurance Industry, Policy Terms, Surplus Lines Insurance

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Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court Restaurant

A victory was obtained in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 (7th Cir. June 8, 2022). The Seventh Circuit affirmed yet another trial court decision in favor of an insurer on a Covid-19 business…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Critical Infrastructure Sectors

See all updates »

Attorney Client Privilege and Work Product Protection: Brief Overview

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials…more

Attorney-Client Privilege, Discovery, Insurance Claims, Insurance Industry, Insurance Investigations

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Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be…more

Bias, Discovery, Established Business Relationship, Evidence, Expert Testimony

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Florida Law Catches Up to Stalking Drones

In 2015, Dan Mouneimne’s stepdaughter sat outside a downtown Tampa bar when she noticed a drone hovering around her. She fled to her car, and it followed her and crashed on top of her car. The Tampa Police Department told Mr…more

Drones, Emotional Distress Damages, Florida, Injunctive Relief, Privacy Concerns

See all updates »

Butler's Thursday Tips #3 | Handling Business Loss Claims

Partner Jessica Skarin offers some tips on dealing with business loss claims for subrogation attorneys. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts …more

Business Interruption, Business Losses, Calculation of Damages, Insurance Claims, Insurance Industry

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Florida's New COVID-19 Liability Protection Legislation: What It Means And The Legal Effect Moving Forward

The COVID-19 pandemic has affected the state of Florida, and the country, in ways that were unimaginable one year ago. The pandemic has taken a catastrophic toll on individuals and has had a devastating effect on many…more

Civil Liability, Coronavirus/COVID-19, Florida, Immunity, Infectious Diseases

See all updates »

Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida Citizens

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though the…more

Consumer Insurance Products, Florida, Hurricane Irma, Insurance Claims, Insurance Contracts

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IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles

Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply - In a recently decided…more

Additional Insured, Builders Risk Insurance, Commercial Insurance Policies, Construction Project, Equitable Subrogation

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Hurricane Florence is aiming for the Carolinas

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 surge, destructive winds and rainfall flooding are expected to…more

Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters, Policy Terms

See all updates »

New York Court Emphasizes the Importance of Notice in Subrogation

An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the…more

Insurance Claims, Insurance Litigation, Insurance Regulations, Settlement, State Farm

See all updates »

Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion

Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability…more

Breach of Contract, Construction Defects, Construction Disputes, Construction Managers, Consumer Insurance Products

See all updates »

Putting the Cart Before the Horse: The New Florida Appraisal Landscape

As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim…more

Appraisal, Denial of Insurance Coverage, FL Supreme Court, Insurance Claims, Insurance Litigation

See all updates »

Florida's New COVID-19 Liability Protection Legislation: What It Means And The Legal Effect Moving Forward

The COVID-19 pandemic has affected the state of Florida, and the country, in ways that were unimaginable one year ago. The pandemic has taken a catastrophic toll on individuals and has had a devastating effect on many…more

Civil Liability, Coronavirus/COVID-19, Florida, Immunity, Infectious Diseases

See all updates »

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  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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