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
  • Toxic Torts
  • Transportation
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Locations
Other U.S. Locations
  • Alabama
  • Florida
  • Illinois
  • North Carolina
  • Pennsylvania
  • Texas
Number of Attorneys
100+ Attorneys

Order Denying Motion to Dismiss under Florida’s Notice of Intent Statute Reviewable by Certiorari

Florida’s Third District Court of Appeal recently exercised its discretionary jurisdiction and granted review of an order denying a carrier’s motion to dismiss under Florida’s statute requiring notice of an intent to initiate…more
 /  Civil Procedure, Insurance

The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute.  In Buis v…more
 /  Civil Procedure, Insurance, Real Estate - Commercial, Real Estate - Residential

Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law…more
 /  Civil Procedure, Insurance

Claimants Can’t Have Their Cake and Eat it Too

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage…more
 /  Business Torts, Civil Procedure, Insurance

Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period

Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana.  Article…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

New Florida Case Affects Presentable Damages in Homeowner’s Insurance Cases

A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.   In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a…more
 /  Civil Procedure, Insurance, Real Estate - Residential

Carrier’s Proof of Loss Form May Be a Mandatory Post-Loss Obligation in Commercial Claims

​​​​​​​Submitting a proof of loss using a carrier’s approved proof of loss form may be a mandatory post-loss obligation when invoking appraisal in commercial claims. The U.S. District Court for the Middle District of Florida…more
 /  Commercial Law & Contracts, Insurance

Sweeping Changes to Florida Rules of Civil Procedure

The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. …more
 /  Civil Procedure, Insurance

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain…more
 /  Commercial Law & Contracts, Insurance, Personal Injury, Real Estate - Commercial

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
 /  Commercial Law & Contracts, Insurance, Personal Injury

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
 /  Commercial Law & Contracts, Construction Law, Insurance

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
 /  Commercial Law & Contracts, Insurance

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
 /  Commercial Law & Contracts, Insurance

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District Court…more
 /  Commercial Law & Contracts, Insurance

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
 /  Civil Remedies, Commercial Law & Contracts, Insurance
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