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
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
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...more
The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole...more
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...more
“If you and we fail to agree on the amount of loss, either party can demand that the amount of the loss be set by appraisal. . . . [e]ach party will select a qualified, disinterested appraiser[,]” is a phrase known all too...more
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
What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount in controversy.
The Middle District of Florida recently considered the issue of whether...more
Attorney Vincent Fernandez offers some tips on staying focused while working from home. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts...more