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Publications/ Whitepapers | Barry Burkett & Abraham Shakfeh Featured in FDLA Trial Advocate Publication
Sep 12, 2024 | By Barry Burkett, Abraham Mohammad Shakfeh
To Err is Human; Knowing Who to Blame is Risk Transfer Congratulations to Senior Associates Barry Burkett and Abraham Shakfeh…
Publications/ Whitepapers | Partner Fay Ryan Published in CLM Article
Sep 06, 2024 | By Fay Ryan
Congratulations to Tampa Partner Fay Ryan whose article “Claimants Can’t Have Their Cake and Eat It Too” was recently published…
Publications/ Whitepapers | Michael Savett Quoted in Business Insurance Article – DOJ whistleblower program puts investigation coverage in focus
Sep 05, 2024 | By Michael Savett
Philadelphia Partner Michael Savett was recently quoted in a Business Insurance article discussing the implications of the U.S. Department of…
News, Publications/ Whitepapers | Matt Lavisky and Mihaela Cabulea Featured in Insurance Law Article
Aug 21, 2024 | By Matthew Lavisky, Mihaela Cabulea
Tampa Partners Matt Lavisky and Mihaela Cabulea were recently featured in this Insurance Journal article detailing a recent ruling by…
Publications/ Whitepapers | Samantha Wuschke Article Featured in The Florida Bar
Aug 16, 2024 | By Samantha Wuschke
Tallahassee Associate Samantha Wushcke recently authored an article titled “Tipsy Coachman Trends Requiring Appellee Preservation” for the Florida Bar website,…
Publications/ Whitepapers | Partner Michael Savett Quoted in Law360 Article – Growth In Captives Gives Insureds More Control, Experts Say
Aug 02, 2024 | By Michael Savett
Philadelphia Partner Michael Savett was quoted in a recent article discussing the rising interest in captive insurance as a solution…
News, Publications/ Whitepapers | Get on Board or Miss Out
Jun 28, 2024 | By Denise Anderson
The Future of AI in Construction: Opportunities and Risks Co-authored by Managing Partner Denise Anderson, our latest article delves into…
News, Publications/ Whitepapers | Partner Michael Savett Quoted in Business Insurance Article – Bridge collapse could spur waves of coverage litigation
Apr 02, 2024 | By Michael Savett
In a recent Business Insurance article, Philadelphia-based Partner Michael Savett shared insights into the aftermath of the Francis Scott Key…
News, Publications/ Whitepapers | Denise Anderson Featured in Tampa Bay Business & Wealth Magazine
Mar 12, 2024 | By Denise Anderson
Tampa Partner Denise Anderson was featured in a Tampa Bay Business & Wealth (TBBW) article highlighting her recent appointment and…
Publications/ Whitepapers | Partner Michael Savett Featured in Business Insurance Article
Feb 21, 2024 | By Michael Savett
Philadelphia Partner Michael Savett was recently featured in a Business Insurance article titled “Google settlement shines light on D&O, cyber…
News, Publications/ Whitepapers | New Appleman Florida Insurance Law (2024 Edition)
Feb 19, 2024 | By John Garaffa, Sarah Burke, Ryan Hilton, Julius “Rick” Parker III, Jason Seitz, J. Blake Hunter, Carol Rooney, James Michael Shaw , Jr.
Butler congratulates its Partners on the 2024 New Appleman Florida Insurance Law Edition. This book was edited by Partner John…
News, Publications/ Whitepapers | When Construction Leads to Subrogation
December 13, 2023 | By Geoffrey Waguespack
Insurer May Subrogate to the Rights of an Additional Insured Based on Contractual Right Chicago Partner Geoffrey Waguespack was recently…
Publications/ Whitepapers | Partner Michael Savett Quoted in Law 360 Article
Nov 03, 2023 | By Michael Savett
Philadelphia Partner Michael Savett was recently quoted in a Law 360 article titled “Del. Captive D&O Coverage Rules Just One…
Publications/ Whitepapers | Partner Michael Montgomery Featured in FDCC Friday 5
Jul 21, 2023 | By Michael Montgomery
Mobile and Tallahassee Partner Michael Montgomery was featured on this week’s FDCC Friday 5! This weekly newsletter highlights important developments,…
News, Publications/ Whitepapers | Partner Michael Savett Quoted in Bloomberg Article
Jun 26, 2023 | By Michael Savett
Partner Michael Savett was recently quoted in a Bloomberg article discussing a decision by the U.S. Court of Appeals for…
Publications/ Whitepapers | The Comprehensive Guide to Economic Damages, Seventh Edition
Apr 03, 2023 | By John Garaffa
Butler congratulates Tampa Partner John Garaffa for his contribution to The Comprehensive Guide to Economic Damages, Seventh Edition. The Comprehensive Guide…
Publications/ Whitepapers | Tips for Young Lawyers – The Effective Court Appearance
Mar 23, 2023 | By Hudson Jones
This article was originally published in The Trial Advocate, Vol. 24 No. 1 (2023). Used with permission. An effective court…
Publications/ Whitepapers | Partner Denise Anderson Featured in Construction Claims Magazine
Mar 09, 2023 | By Denise Anderson
Tampa Partner Denise Anderson was recently featured in the Spring issue of the Construction Claims magazine. Her article, titled “Slaying…
Publications/ Whitepapers | Hurricane Ian: A Storm of Challenges
Mar 08, 2023 | By Thomas Keller
Tampa Partner Thomas Keller recently wrote an article alongside co-authors Jonathon Held (J.S. Held), Mike Rimoldi (J.S. Held), Megan Walker…
Publications/ Whitepapers | The Continuous or Progressive Injury or Damage Exclusion: Why “Timing” is Everything
Mar 07, 2023 | By Kimberly Ramey, Kyle Goss
Tampa Partner Kimberly Ramey and Associate Kyle Goss recently wrote an article that was published in the DRI Brief Case…
Publications/ Whitepapers | A Supreme Court Preview
Mar 06, 2023 | By Carol Rooney
This article is originally authored by Carol Rooney as a publication of ABA, Winter 2023. Legal opinions may vary when…
Publications/ Whitepapers | Five Simple Ways to Improve Your Legal Writing Skills
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…
News, Publications/ Whitepapers | Insurance Law – SMU Annual Texas Survey Vol. 7
November 10, 2021 | By John Goodwin
John Goodwin published “Insurance Law” for the Southern Methodist University Annual Texas Survey Volume 7 on November 10, 2021. Click…
Publications/ Whitepapers | Removing Your Case to Federal Court and Keeping it There (Article)
May 10, 2022 | By Matthew Lavisky, Jamie Combee Novaes, Latasha Lordes Scott
Defendants often prefer that their cases be heard in federal court. Rice, Jill Cranston, The Federal Rules are Right for…
Publications/ Whitepapers | New Appleman Florida Insurance Law (2022 Edition)
Nov 24, 2021 | By Sarah Burke, John Garaffa, Ryan Hilton, J. Blake Hunter, Julius “Rick” Parker III, Carol Rooney, Jason Seitz, James Michael Shaw , Jr.
JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. “RICK” PARKER III, JASON M. SEITZ, J. BLAKE HUNTER,…
Publications/ Whitepapers | Sifting Through the Ashes
Nov 10, 2021 | By George McMullin
This article is originally co-authored by George McMullin and Andrew Bennett as a publication of CLM, July 2021. Legal opinions…
Publications/ Whitepapers | How Do You Measure Up?
Nov 10, 2021 | By George McMullin
This article was originally co-authored by George McMullin and Kevin Degarmo as a publication of CLM, November 2021. Legal opinions…
Publications/ Whitepapers | Butler Celebrates International Women’s Day 2021
Mar 08, 2021
Get to know the women who have helped shape Butler into the Firm it is today! With 15 years (or…
Publications/ Whitepapers | John Garaffa | The Comprehensive Guide to Economic Damages 6th Edition
Feb 03, 2021 | By John Garaffa
The latest edition of The Comprehensive Guide to Economic Damages is now available! Co-written by Partner John Garaffa, this volume…
Publications/ Whitepapers | How Carriers Implement Fair Claims Practices in a Hands-Off World
Nov 02, 2020 | By Kathy Maus, Julius “Rick” Parker III
This article was originally published in the DRI For The Defense magazine, October 2020 edition. Legal opinions may vary when…
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…
Publications/ Whitepapers | Who Has Priority Over My Recovery? – An Overview of the Made Whole Doctrine
Oct 13, 2020 | By Jessica Skarin
This article was originally published in the Southern Loss Association (SLA) October 2020 Newsletter. Legal opinions may vary when based…
Publications/ Whitepapers | Alabama and Florida Insurance Law Questions Following Hurricane Sally (White Paper)
Oct 01, 2020 | By Michael Montgomery
Hurricane Sally made landfall on Alabama Gulf Coast near the city of Gulf Shores early in the morning on Wednesday,…
Publications/ Whitepapers | Knowing the Code: An Overview of Ordinance and Law Coverage
Sep 22, 2020
This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Summer 2020. Legal opinions may…
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…
Publications/ Whitepapers | The Days Of The “Scintilla” Of Evidence Summary Judgment Standard In Florida Are Numbered
Jun 26, 2020 | By Mihaela Cabulea
This article was originally published in the FDLA Trial Advocate, Volume 39, No. 2. Legal opinions may vary when based…
Publications/ Whitepapers | Butler Quarterly Spring 2020
May 11, 2020
Below is an interactive pdf of the previous quarter’s articles and publications.
Publications/ Whitepapers | Delay In Completion Coverage And The Coronavirus
May 05, 2020 | By K. Clark Schirle
This article was republished in the National Association of Surety Bond Producers website. States, counties and municipalities have issued “stay…
Publications/ Whitepapers | Insights on Covid-19: Butler Blogs, Publications and More
Apr 17, 2020 | By Shaheen Nouri
Industries around the globe are feeling the effects of the Coronavirus, and the insurance industry is no exception. Our proactive…
Publications/ Whitepapers | Covid-19—When Civil Authorities Take Over, Are You Covered?
Apr 03, 2020 | By John Garaffa
This article is originally a publication of International Risk Management Institute on March 2020. Legal opinions may vary when based…
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…
Publications/ Whitepapers | New Appleman Florida Insurance Law (2020 Edition)
Mar 12, 2020 | By John Garaffa, Sarah Burke, Ryan Hilton, Julius “Rick” Parker III, Jason Seitz, J. Blake Hunter, Carol Rooney, James Michael Shaw , Jr.
JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. “RICK” PARKER III, JASON M. SEITZ, J. BLAKE HUNTER,…
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…
Publications/ Whitepapers | The Top 100 Ways To Build A Winning Recovery Case: Effective Claims Management Of Subrogation Cases
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Contracting Outside The Four Corners Of The United States—A Closer Look At The United Nations Convention On Contracts For The International Sales Of Goods
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | All Is Not Lost Simply Because A Target Defendant Has No Assets—Pull Out The Magnifier And Investigate The Corporate Connections Of Your Target For Alternative Deep Pockets!
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Six Critical Steps For Achieving A Successful Mediation
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Protective Orders- Not Everything Can Be Swept Under The Rug!
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Developing A Claim Of Successor Liability—A Practical Guide To Recovery When Your Primary Target Defendant Has No Seizable Assets
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Unraveling The Complexities Of Contractual Disputes
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | When Businesses Compete Fiercely, Crossing Certain Boundaries May Give Rise To Tortious Interference Claims
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Railroad Subrogation And Third Party Recoveries—”Getting Back On Track”
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Federal Tort Claims Act: Pursuing Uncle Sam’s Deep Pockets By Unlocking The Right Doors
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Undue Delay In Pursuing Subrogation May Result In Missing The Recovery Boat
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | United States’ Liability For Negligent Disaster Response Under The Federal Tort Claims Act
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Mass Confusion In Transactional Business: Boilerplate Forms And Competing Contractual Terms Often Lead To A “Battle Of The Forms”—Practical Considerations For Minimizing Litigation
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Big Daubert Hurdles In Fire & Explosion Litigation—Revisiting The Importance Of Testing An Expert’s Theories
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Significant Recovery Opportunities Where An Insured Breaches Its Reimbursement Policy Obligations For Advanced Deductible, Self-Insured
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Subrogating The Spill: What Are An Insurer’s Options For Recovering Claims Paid As A Result Of The Gulf Oil Spill?
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger at drauchwerger@butler.legal or directly 312-462-9147
Publications/ Whitepapers | Mcs90 Endorsements Provide Significant Subrogation Recovery Opportunities
Jan 29, 2020 | By Dean Rauchwerger
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Property Insurance Litigation Handbook, 2007
Jan 29, 2020 | By K. Clark Schirle
Property Insurance Litigation Handbook, 2007. Chapter 9, Motions to Dismiss. (ABA, Tort Trial & Insurance Practice Section) For the full…
Publications/ Whitepapers | Measuring Damage In A Megaloss If “Like Kind And Quality” Does Not Exist
Jan 29, 2020 | By K. Clark Schirle
Measuring Damage in a Megaloss If “Like Kind and Quality” Does Not Exist. The Brief, Fall 2006 (ABA, Tort Trial…
Publications/ Whitepapers | Recent Developments In Property Insurance Law
Jan 29, 2020 | By William (Bill) Lewis, Carol Rooney
Recent Developments In Property Insurance Law
Publications/ Whitepapers | Community Service Spotlight on F. Bryant Blevins, Esq.
Jan 01, 2020 | By Bryant Blevins
Across the Bar Community Service Spotlight During the holidays, it’s easy to get swept up in the Season and the…
Publications/ Whitepapers | Drones: Just When You Thought It Was Safe To Cancel Your Pirate Insurance
Dec 04, 2019 | By Ryan Hilton, James Michael Shaw , Jr.
This article is originally a publication of DRI’s Insurance Law Committee newsletter on November 27, 2019. Legal opinions may vary when based on…
Publications/ Whitepapers | How Amazon Disrupted Product Liability
Oct 28, 2019 | By Michael Wolfer
This article is originally a publication of Property Casualty 360 on October 28, 2019. Legal opinions may vary when based on subtle…
Publications/ Whitepapers | As Florida Goes
Sep 06, 2019 | By Timothy Engelbrecht
This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Fall 2019. Legal opinions may…
Publications/ Whitepapers | The Challenges Of Adjusting Pipe Breaks And Sewer Back-Ups
Sep 04, 2019 | By Timothy Engelbrecht
This article is originally a publication of the Southern Loss Association newsletter, August 2019. Legal opinions may vary when based on subtle…
Publications/ Whitepapers | Butler On Drones (Third Edition): A Practical Guide For Insurers
May 14, 2019 | By James Michael Shaw , Jr., Ryan Hilton
Drones – also known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS)—are a transformative technology affecting the recreational…
Publications/ Whitepapers | White Paper: The “Bomb Cyclone” And Flooding In The Great Plains: Flood And Surface Water In Property Insurance Policies
Apr 02, 2019 | By K. Clark Schirle
To request a copy of Clark Schirle’s “THE “BOMB CYCLONE” AND FLOODING IN THE GREAT PLAINS: FLOOD AND SURFACE WATER…
Publications/ Whitepapers | Butler Quarterly Winter 2019
Feb 11, 2019
Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly Winter 2019
Publications/ Whitepapers | The Challenges Of Adjusting Long-Term Water Losses
Feb 04, 2019 | By Timothy Engelbrecht
This article is originally a publication of the Southern Loss Association newsletter, January 2019. Legal opinions may vary when based on subtle…
Publications/ Whitepapers | The Importance And Requirement Of Having A Representative With Full Settlement Authority At Mediation
Oct 29, 2018 | By Matthew Peaire
This article is originally a publication of Subrogator, Fall/Winter Issue 2018. Subrogator is owned and produced by the National Association of Subrogation…
Publications/ Whitepapers | Comparative Bad Faith
Oct 17, 2018
This podcast is originally a publication of Timely Notice, October 2018. The Timely Notice Podcast is owned and produced by Goldberg Segalla….
Publications/ Whitepapers | Fighting Removal Spoiler Claims Against Adjusters, Attorneys, And Agents In Bad-Faith Lawsuits
Oct 15, 2018 | By Matthew Lavisky
This article is originally a publication of the DRI, October 2018. Legal opinions may vary when based on subtle factual…
Publications/ Whitepapers | Fla. High Court Bolsters Policyholders In Bad Faith Cases
Sep 24, 2018 | By Kathy Maus
Partner Kathy Maus was featured in a Law360 article titled “Fla. High Court Bolsters Policyholders in Bad Faith Cases.” This…
Publications/ Whitepapers | John Garaffa “Business Interruption And Damage Claims”
Aug 21, 2018 | By John Garaffa
Partner John Garaffa wrote a chapter titled “Business Interruption and Damage Claims” for the 5th Edition of The Complete Guide…
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…
Publications/ Whitepapers | Butler Quarterly – Summer 2018
Jul 10, 2018
Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Summer 2018
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…
Publications/ Whitepapers | Good-Faith Claim Handling In Florida – Part Ii
Jun 13, 2018 | By Timothy Engelbrecht, Matthew Lavisky
This article is originally a publication of the Southern Loss Association’s Newsletter, June 2018. Legal opinions may vary when based on subtle…
Publications/ Whitepapers | Judicial Nominating Procedures: Moving In The Right Direction
May 21, 2018
This article is originally a publication of The Florida Bar Journal, June 2018. Legal opinions may vary when based on subtle factual…
Publications/ Whitepapers | ATTORNEY HEALTH AND WELL-BEING: IT’S TIME TO FOCUS ON US
May 17, 2018
This article was originally published in the Inter Alia, a publication by the Manatee County Bar Association, May 2018. Legal…
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…
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…
Publications/ Whitepapers | Subrogation In A Machine’s World – How Automation And Connected Devices Are Changing Subrogation Investigations
Feb 23, 2018 | By George McMullin
This article is originally a publication of CLM Magazine, February 2018. Legal opinions may vary when based on subtle factual differences….
Publications/ Whitepapers | Dust In The Wind: The Threat Of Airborne Lead From Construction Sites
Feb 19, 2018
Reposted from constructionexec.com, Feb. 14, 2018, a publication of Associated Builders and Contractors. Copyright 2018. All rights reserved. Of the many laws…
Publications/ Whitepapers | Good-Faith Claim Handling In Florida
Feb 05, 2018 | By Timothy Engelbrecht, Matthew Lavisky
This article is originally a publication of Southern Loss Association, Newsletter February 2018. Legal opinions may vary when based on subtle…
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…
Publications/ Whitepapers | Ethical Marketing In Today’s Technological Marketplace
Jan 30, 2018
This article is originally a publication of the NCADA. Legal opinions may vary when based on subtle factual differences. All rights…
Publications/ Whitepapers | Preemption In Aviation Product Liability Cases
Jan 26, 2018
This article is originally a publication of the Aviation Insurance Association, Binder Vol. 42 No.4 Winter 2017. Legal opinions may vary when…
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…
Publications/ Whitepapers | Florida Insurance Appraisals: Don’t Get Me Started!
Dec 18, 2017 | By J. Pablo Cáceres
This article is originally a publication of Southern Loss Association, Newsletter December 2017. Legal opinions may vary when based on subtle…
Publications/ Whitepapers | Fdcc Leadership For Lawyers – Leading And Ethics
Dec 13, 2017
This article is originally a publication of FDCC Leadership for Lawyers. Legal opinions may vary when based on subtle factual differences….
Publications/ Whitepapers | A Home After The Storm: How Does Additional Living Expense Coverage Respond To Insureds Impacted By Hurricanes?
Nov 30, 2017 | By Richard Gable Jr.
This article is originally a publication of CLM Magazine, November 2017. Legal opinions may vary when based on subtle factual differences. All…
Publications/ Whitepapers | Existing Tools To Curb Runaway Attorney Fee Awards
Nov 29, 2017 | By Matthew Lavisky
This article is originally a publication of Trial Advocate Quarterly. Legal opinions may vary when based on subtle factual differences. All rights…
Publications/ Whitepapers | Butler On Drones (Second Edition) : A Practical Guide For Insurers
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,…
Publications/ Whitepapers | Florida Insurance Litigation (2017 Edition)
Sep 20, 2017 | By John Garaffa, Ryan Hilton, Carol Rooney, 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…
Publications/ Whitepapers | Trial Essentials: Keys To Not Losing Your Jury Trial Before The First Witness Is Called
Jul 27, 2017 | By Scott Frank
This article is originally a publication of Trial Advocate Quarterly, Summer 2017 (Volume 36, #3). Legal opinions may vary when based on subtle…
Publications/ Whitepapers | Florida Water Loss Claims: What’s Owed, And When?
Jul 14, 2017 | By J. Pablo Cáceres
This article is originally a publication of Law360. Legal opinions may vary when based on subtle factual differences. All rights reserved. Water…
Publications/ Whitepapers | State Specific: Tennessee Addresses Production Of Underwriting Files, Similar Claim Materials And Reserves In First Horizon National Corporation V. Houston Casualty Company, Et Al.
Jul 12, 2017 | By Matthew Peaire
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2017. ©…
Publications/ Whitepapers | Butler Quarterly – Spring
Jun 27, 2017
Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Spring
Publications/ Whitepapers | Literature For Life
Jun 16, 2017 | By Lee Craig
This article originally appeared in For the Defense 2017, a publication by DRI. Legal opinions may vary when based on subtle factual…
Publications/ Whitepapers | Tort Trial & Insurance Practice Law Journal, Winter 2017
Apr 21, 2017 | By William (Bill) Lewis, John Garaffa, Sarah Burke
This information or any portion thereof may not be copied or disseminated in any form or by any means or…
Publications/ Whitepapers | Butler Quarterly – Winter 2017
Mar 01, 2017
Below is an interactive pdf of the previous quarter’s articles and publications. Butler Quarterly – Winter 2017 Article Link>>
Publications/ Whitepapers | Is It Hot In Here? Significant Recovery Opportunities With Boiler Failures
Feb 23, 2017 | By Dean Rauchwerger, Geoffrey Waguespack
This article originally appeared in the Litigation Management Magazine, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions…
Publications/ Whitepapers | Pennsylvania – Voided Terms And Conditions: Unlawful And Unconscionable Exculpatory Clauses
Feb 22, 2017
This article originally appeared in a NASP Article for Subrogator – Terms and Conditions. Legal opinions may vary when based on subtle factual differences. All…
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….
Publications/ Whitepapers | When Pipes Go Pop
Jan 27, 2017 | By Jessica Skarin
This article originally appeared in the CLM Magazine, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may…
Publications/ Whitepapers | Damages Proof In Subrogation Cases
Jan 26, 2017 | By Hobart Hind Jr.
This article originally appeared in Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights…
Publications/ Whitepapers | Don’t Win The Battle And Lose The War: Preserving Error For Appeal (And Why You Need An Appellate Lawyer)
Jan 10, 2017 | By Carol Rooney
This article was originally published in the ABA Corporate Counsel Committee Newsletter, a publication by the American Bar Association, Fall/Winter,…
Publications/ Whitepapers | If You Invade Someone’s Privacy With A Drone, Your Insurance Might Not Cover It
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…
Publications/ Whitepapers | The Pitfalls Affecting Admission Of Expert Bad Faith Testimony Under Daubert
Nov 28, 2016 | By Ryan Hilton
This article originally appeared in Claims Management, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may…
Publications/ Whitepapers | Awash In Aobs
Nov 23, 2016 | By Timothy Engelbrecht
This article originally appeared in Claims Management, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary…
Publications/ Whitepapers | Boom! Maximizing Recoveries In Catastrophic Explosions
Nov 21, 2016 | By Dean Rauchwerger, Geoffrey Waguespack
This article originally appeared in “Claims Management”, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when…
Publications/ Whitepapers | What’s A Court To Consider After A Post-Suit Payment?
Oct 26, 2016
Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language…
Publications/ Whitepapers | Kentucky- Business Personal Property Damages Excluded Under Daubert
Oct 20, 2016
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2016. ©…
Publications/ Whitepapers | Follow Up On Assignment Of Benefits Litigation In Florida
Oct 18, 2016 | By Timothy Engelbrecht
This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. All rights reserved. In…
Publications/ Whitepapers | Hold On To Your Recoveries So They Don’t Spoil
Oct 11, 2016 | By Jessica Skarin
This article was originally published in Claims Magazine a publication in 2016. © Copyright 2016 by ALM. All rights reserved. Republished…
Publications/ Whitepapers | Who, What, When, And How Much? Key Questions To Ask When Faced With A Potential Sovereign Immunity Defense
Oct 10, 2016 | By Jessica Skarin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, 2016. © Copyright…
Publications/ Whitepapers | Adjuster Tools For Water Losses
Sep 08, 2016
This article is a publication of Property Casualty 360. Legal opinions may vary when based on subtle factual differences. All rights…
Publications/ Whitepapers | In Hot Pursuit: Strategies For Pursuing Subrogation Against Wildfire Damages
Aug 11, 2016
This article originally appeared in “Claims Management – Special eReport”, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions…
Publications/ Whitepapers | Historic Hotel, Restaurant & Nightclub Fires Provide Common Threads For Developing Significant Subrogation Recoveries
Jun 27, 2016 | By Dean Rauchwerger, Geoffrey Waguespack
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2016. ©…
Publications/ Whitepapers | Assignment Of Benefits Litigation In Florida
Jun 24, 2016 | By Timothy Engelbrecht
This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. The articles written in…
Publications/ Whitepapers | The Inadequacies Of The Diminution Of Value Approach To Damages To Real Property In Tort Claims
Jun 21, 2016 | By George McMullin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2016. ©…
Publications/ Whitepapers | Butler On Drones: A Practical Guide For Insurers
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…
Publications/ Whitepapers | Recent Developments In Property Insurance Coverage Litigation
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…
Publications/ Whitepapers | It’s A Recovery: Opportunities To Recover Advanced Deductibles, Late And Unpaid Premiums
Apr 15, 2016 | By Dean Rauchwerger
This article originally appeared in the Spring 2016 edition of Litigation Management. Re-published with permission. Insurance industry professionals are ever…
Publications/ Whitepapers | Good Faith, Bad Faith: A Legal View
Mar 07, 2016
This article originally appeared in Insurance Committee for Arson Control (ICAC) publication. Any discussion on the subject of insurer bad…
Publications/ Whitepapers | Shelter From The Storm: Potential Disputes In Handling Additional Living Expense Claims
Mar 04, 2016 | By Richard Gable Jr.
A house fire can be one of the most disruptive events a family will face. But life must go on. A new…
Publications/ Whitepapers | Flying Witnesses: Admissibility Of Drone-Gathered Evidence In Florida
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…
News, Publications/ Whitepapers | Former Miami Scholar and Co-founder of Miami Law ACLU Chapter Still Fighting for Civil Liberties
February 16, 2016 | By James Michael Shaw , Jr.
Partner James Shaw, Jr. was featured in an article for the University of Miami School of Law for his work…
Publications/ Whitepapers | Clarifying The Standard Employee Exclusions In Commercial Automobile Policies
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…
Publications/ Whitepapers | Smart Mediations: The Who, What And How Of Successful Mediations
Jan 26, 2016
This article was originally published in Litigation Management Magazine, © Copyright 2016. All rights reserved. Republished by Butler with permission….
Publications/ Whitepapers | Introduction To Insurance Subrogation
Dec 17, 2015 | By Matthew Peaire, Jessica Skarin
Matthew W. Peaire and Jessica M. Skarin recently authored Chapter 158 “Introduction to Insurance Subrogation” in the New Appleman on…
Publications/ Whitepapers | About Jim . . . Briefly
Nov 18, 2015
Published in Lawyer, The Hillsborough County Bar Association: November – December 2015 – Vol. 26, No. 2 Jim Birkhold was,…
Publications/ Whitepapers | When Is The Contract Complete? Court Rules That Statue Of Repose Commences Upon Final Payment
Oct 13, 2015 | By Aaron Jacobs
Recently, Florida’s Fifth District Court of Appeal reviewed the statute of repose relative to improvements to real property, which states,…
Publications/ Whitepapers | (Un)Reel Legal Ethics: Obscure Critiques Of Ethical Issues In Hollywood Films About Civil Litigation
Oct 13, 2015 | By Dean Rauchwerger, Geoffrey Waguespack
Everyone loves a good legal drama. Whether it’s a whimsical comedy, a whodunit, or a weighty social statement played out…
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…
Publications/ Whitepapers | Lottery Tickets And Leaky Windows: Florida Courts Tackle Enforcement Of Oral Contracts
Sep 14, 2015
This article was originally published in the IADC Construction Law and Litigation Committee Newsletter. In Florida, a frequently raised defense…
Publications/ Whitepapers | Judge John Badalamenti Joins The Second District
Sep 08, 2015
In April, John L. Badalamenti was appointed to the Second District Court of Appeal by Governor Rick Scott, filling the…
Publications/ Whitepapers | The Ongoing Struggle Over Removal Of First-Party Bad Faith Cases In Florida
Sep 08, 2015 | By Julius “Rick” Parker III
Three years ago, I published an editorial in this esteemed journal regarding the vanishing right to federal jurisdiction for insurers…
Publications/ Whitepapers | Time Element Coverages In Business Interruption Insurance
Sep 02, 2015 | By K. Clark Schirle
Generally, business interruption insurance is designed to compensate an insured for its actual business interruption losses resulting directly from physical…
Publications/ Whitepapers | But At Least You Can Recover Your Costs, Right? A Practitioner’s Guide To Appellate Costs In Florida — The Good, The Bad, And The Money
Jul 08, 2015 | By Carol Rooney
This article was originally published in the Florida Bar Journal, © Copyright 2015. All rights reserved. Republished by Butler with…
Publications/ Whitepapers | Imposition Of Duty To Those With Easily Accessible And/Or Specialized Knowledge
Jul 07, 2015
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Summer, 2015. ©…
Publications/ Whitepapers | Product Liability Blackjack (21) Ways To Win, Bust Or Fold!
May 05, 2015 | By Dean Rauchwerger
Strategic thinking in prosecuting or defending product liability actions often mirrors the creativity, gut-check and fortitude to play the winning…
Publications/ Whitepapers | Defining Structual Damage: The Eleventh Circuit Rules
May 01, 2015 | By William Collum
The following article was originally published in the HCBA magazine, The Lawyer, May – June 2015. Section 627.706, Florida Statutes, has not…
Publications/ Whitepapers | Ricky’s Believe It Or Not: Part Two
Apr 27, 2015 | By Julius “Rick” Parker III
In the January 26, 2015 edition of this publication, I shared a collection of excerpts from documents authored by attorneys….
Publications/ Whitepapers | New Jersey Expands Traditional Notions Of Physical Loss Or Damage
Apr 01, 2015
New Jersey courts continue to expand traditional notions of physical loss or damage in recent decision of the New Jersey…
Publications/ Whitepapers | Liability And Damages: Understanding Property Insurance Bad Faith Litigation In Florida
Mar 13, 2015 | By Matthew Lavisky
Florida recognizes two general categories of insurance bad faith: first-party and third-party. A cause of action for third-party bad faith…
Publications/ Whitepapers | Recent Legal Developments
Mar 01, 2015
1. Is discrimination on the basis of pregnancy prohibited by the Florida Civil Rights Act of 1992? The Florida Supreme…
Publications/ Whitepapers | Ricky’s Believe It Or Not
Jan 26, 2015 | By Julius “Rick” Parker III
As an attorney for more than sixteen years, and a practitioner of insurance bad faith for nearly eleven years, I have…
Publications/ Whitepapers | A Legacy That Lasts: George E. Edgecomb
Jan 01, 2015
In Florida, one becomes accustomed to the sight of bridges. Indeed, bridges are everywhere across our fair state, allowing travelers…
Publications/ Whitepapers | Challenging Consent Judgments As Unreasonable Or Tainted By Bad Faith
Dec 22, 2014 | By Jamie Combee Novaes
Generally, if an insurance company refuses to defend its insured against a claim, the insured may protect himself by entering into…
Publications/ Whitepapers | The Only Thing We Have To Fear Is Spoliation Itself … And Sanctions: How Spoliation Can Erode, Or Even Destroy, The Potential For Recovery
Dec 01, 2014 | By Jessica Skarin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2014. ©…
Publications/ Whitepapers | The Coverage Action ‘Fixed’ Bad Faith Damages: Are The Total Damages Binding?
Nov 24, 2014 | By Julius “Rick” Parker III
Florida state and federal courts struggle with excess damage verdicts in first-party bad-faith actions arising out of uninsured motorist/underinsured motorist…
Publications/ Whitepapers | The Absolute Pollution Exclusion: Pollution And Fungus, Wet Rot, Dry Rot, And Bacteria
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…
Publications/ Whitepapers | Stopping The Clock: Getting An Extension For Your Brief
Nov 01, 2014
Traditionally, parties seek briefing extensions in Florida state courts by motion pursuant to Florida Rule of Appellate Procedure 9.300. However,…
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…
Publications/ Whitepapers | Illuminating Fraud: Spotlight On Affirmative Litigation
Oct 01, 2014
Insurance companies are defensive by nature. The very concept of insurance is to indemnify losses, not to prevent them. When…
Publications/ Whitepapers | Optimizing The Use Of Technology In Mediation
Oct 01, 2014 | By Aaron Jacobs, Matthew Peaire
From cell phones to the worldwide web, to electronic mail, and beyond, over the past twenty years, we have experienced…
Publications/ Whitepapers | Courts’ Different Views On Additional Insureds’ Duties Under Liability Policy Notice Provisions
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…
Publications/ Whitepapers | Wall Of Confusion: Geico General Insurance Company V. Bottini And Its Ill-Begotten Progeny
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…
Publications/ Whitepapers | The Language Was Not Enough: Florida Supreme Court Holds That The Standard “Transfer Of Rights” Provision Does Not Abrogate The “Made Whole Rule”
Jun 26, 2014 | By Aaron Jacobs, Jessica Skarin
The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to…
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….
Publications/ Whitepapers | Fraud Squad. The Role Of Mediation In Settling Fraud Disputes
Jun 01, 2014
Alternative dispute resolution in a fraud dispute is a unique beast. The parties begin diametrically opposed horns locked in a…
Publications/ Whitepapers | Burden Of Proof Issues In Consent Judgments
May 22, 2014
When a carrier refuses to defend its insured, the insured may consent to entry of a stipulated judgment. 1 In…
Publications/ Whitepapers | A Moving Target: How To Seek Fees In Your Original Proceedings
May 01, 2014
The following article was originally published in the Summer 2014 edition of the Florida Bar’s Journal of the Appellate Practice…
Publications/ Whitepapers | An Insurance Carrier’s Good Faith Obligations Toward Its Insureds In Liability Settlements Where Not All Of The Insureds Are Released
Apr 25, 2014 | By Ryan Hilton
Generally, liability insurers must secure a release of all of their insureds when settling claims against their insureds. However, some…
Publications/ Whitepapers | Florida Statutes Create A New Challenge To Specialty Experts In Medical Malpractice Cases
Apr 16, 2014
For a copy of this article, please contact Brandon Blake.
Publications/ Whitepapers | “Texas Damages”
Apr 01, 2014 | By Hobart Hind Jr.
In Property Subrogation, one of the most difficult damages situations to deal with is a commercial loss where older equipment…
Publications/ Whitepapers | “How To Succeed At Subrogation (…But You Do Have To Try!)”
Apr 01, 2014 | By Hobart Hind Jr.
Success in Subrogation can be measured in many ways, and depends greatly on what type of business is at issue…
Publications/ Whitepapers | Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases
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…
Publications/ Whitepapers | Bad Faith And Ordinary Negligence: Distinguishing The Excusable From The Culpable
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…
Publications/ Whitepapers | Business Interruption And Damage Claims
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,…
Publications/ Whitepapers | Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery
Dec 19, 2013 | By David Mercer
The gravamen of a third-party claim of bad faith is that the insurer failed to settle a claim against an…
Publications/ Whitepapers | The Dangers Of Evidence Disposal
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. ©…
Publications/ Whitepapers | Proving Lost Profits In A Subrogation Case: It’s No Easy Matter
Dec 01, 2013 | By Scott Katz, Jessica Skarin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. ©…
Publications/ Whitepapers | This Mediation Is Confidential, Right?
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…
Publications/ Whitepapers | Pleading Requirements For Fees In Original Proceedings
Nov 01, 2013
The following article was originally published in the HCBA Magazine, The Lawyer, November 2013. Florida Rule of Appellate Procedure 9.400(b) governs the procedure…
Publications/ Whitepapers | Separating Fact From Fiction: Strategies For Contesting The Excess Consent Judgment
Oct 24, 2013 | By Brian Webb
Few legal maneuvers generate greater skepticism – among courts and insurers – than the excess consent judgment, an increasingly common…
Publications/ Whitepapers | Some Considerations In Addressing Time-Limit Demands
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…
Publications/ Whitepapers | Mind The Gap: Weathering The Statutory Notification Process When A Data Breach Occurs
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…
Publications/ Whitepapers | Causal Friday: Better To Be Lucky Than Good
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…
Publications/ Whitepapers | Investigation: Fraud Squad. Keys To Good Faith Fraud Referrals
Aug 01, 2013
The following article was originally published in CLM’s Claims Management magazine, August 2013. Unlike robbery, grand theft auto, and other…
Publications/ Whitepapers | An Insurer’s Liability For A Hospital Lien After Settlement Of A Claim That Impairs The Lien
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…
Publications/ Whitepapers | Personal Jurisdiction And The Stream-Of-Commerce Theory: The Illinois Supreme Court Holds That Illinois Has Jurisdiction Over A French Company
Jul 08, 2013 | By K. Clark Schirle
In April 2013, the Illinois Supreme Court, in the case of Russell v. SNFA, 987 N.E.2d 778, held that Illinois…
Publications/ Whitepapers | Low Liability Vs. High Demand: Overcoming The Aggressive Plaintiff Attorney’s Delusions Of Grandeur For Policy Limits” Primerus Corporate Client E-Newsletter,
Jul 07, 2013 | By Joshua Golembe
For a copy of the publication please contact Josh Golembe.
Publications/ Whitepapers | Corporate Tort Liability Under The Alien Tort Statute Post-Kiobel, 21 U. Miami Bus. L. Rev. 281
Jul 01, 2013
ATS cases.’ The court entered into uncharted and controversial territory’ though, as it attempted to deal with a claim made…
Publications/ Whitepapers | Internet Defamation: Corporate Risks And Remedies
Jul 01, 2013
Use the link to the right to read the article. Corporate Risks and Remedies
Publications/ Whitepapers | Seventh Circuit Holds That An “Amorphous Litany Of Complaints About A Myriad Of Workplace Decisions” Is Insufficient To Establish Discrimination Under The Direct Method Of Proof
Jul 01, 2013 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Why Sue For Bad Faith When Consequential Damages Are Available
Jun 27, 2013 | By Hudson Jones
Bad faith aside, insurers often assume a claim’s ‘‘total” exposure under the insurance contract is the policy’s limit. Courts traditionally…
Publications/ Whitepapers | Florida Supreme Court Limits Economic Loss Rule To Products Liability Claims?
Jun 26, 2013 | By Scott Katz, Jessica Skarin
State Specific: Florida Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims
Publications/ Whitepapers | Certiorari Redefined: Would The “Functional Restatement” Function?
May 29, 2013
The following article was originally published in the Stetson Law Review, May 2013. Some pretrial rulings can impose unbearable pressures on…
Publications/ Whitepapers | Is The Bad Faith Claim A Part Of The Package?
May 23, 2013
In an effort to create yet another way to present a claim for bad faith against an insurance company, plaintiff…
Publications/ Whitepapers | Examination Under Oath: A Vital Tool In Examining Potentially Fraudulent Claims
May 01, 2013
This article was originally published in the CLM‘s Litigation Management publication, summer, 2013. © Copyright 2013 by CLM. All rights reserved….
Publications/ Whitepapers | Stuck Between A Collapsed Wall And A Hard Place: The Failure To Establish The “Standard Of Care” In A Negligence Claim
May 01, 2013 | By Scott Katz, Aaron Jacobs
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring Summer, 2013….
Publications/ Whitepapers | Avoiding The Economic Loss Rule In Construction Claims
May 01, 2013 | By George McMullin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring-Summer, 2013. ©…
Publications/ Whitepapers | Revisiting The Litigation Privilege And Its Application In Bad-Faith Cases
Apr 25, 2013 | By David Mercer
Over the last 25 years, courts have wrestled with the issue of whether to apply an absolute privilege to preclude…
Publications/ Whitepapers | Settling Insurance Bad Faith
Apr 01, 2013
This article was originally published in The Caucus, a publication by the Florida Academy of Professional Mediators, Inc., Spring, 2013….
Publications/ Whitepapers | From Retaliation By Association: The Expanding Scope Of Viable Retaliation Claims Against Employers
Apr 01, 2013 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Who Is Entitled To The Claims File?
Mar 28, 2013 | By Janice Buchman
The United States Supreme Court has recognized the “attorney-client privilege” as “one of the oldest recognized privileges for confidential communications,”…
Publications/ Whitepapers | Navigating The Southern Bad-Faith Buffet: Extra-Contractual Liability In The Absence Of Breach Of Contract
Feb 28, 2013 | By T. Nicholas Goanos, L. Andrew Watson
In the Southeast, catastrophic natural disasters have become all too common, and the physical and financial consequences are borne by…
Publications/ Whitepapers | James Birkhold, The Second District’s Clerk
Feb 01, 2013
The following article was originally published in the HCBA Magazine, The Lawyer, February 2013. In addition to establishing the district courts of appeal,…
Publications/ Whitepapers | Bad-Faith’ Discovery: Claim Files, Training Materials, Personnel Files, And The Kitchen Sink
Jan 31, 2013 | By Janice Buchman
A recent discovery order in the federal court case of Signature Development, LLC v. Mid-Continental Casualty Company is illustrative of…
Publications/ Whitepapers | Seventh Circuit Denies Plaintiff’s Motion For Summary Judgment Of Title Vii Claim
Jan 01, 2013 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Mediation (Resolving Cases With Extra-Contractual Exposure)
Nov 21, 2012
By definition, mediation begins with ‘‘me.” Once conflicting parties have resorted to litigation, they naturally act purely in their own…
Publications/ Whitepapers | Is A Discriminatory Refusal To Rent An Invasion Of The Right Of Private Occupancy?
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….
Publications/ Whitepapers | Ongoing Efforts To Preserve Our Unique Right
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…
Publications/ Whitepapers | Square Pegs In Round Holes: When The Adjustment Process Meets The Evidence Code
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,…
Publications/ Whitepapers | Experts – When To Discuss The Facts And When To Obtain A Report
Oct 01, 2012
How many times have you received an expert report without requesting one? It happens more than one would think. Hopefully,…
Publications/ Whitepapers | Social Networking Content Now Protected From Involuntary Disclosure To Employers In Illinois
Oct 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Seventh Circuit Emphasized The Contextual Evidence Surrounding Use Of Words To Determine If The Usage Reflects A Gender-Derogatory Meaning
Oct 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Two Districts Of The Illinois Appellate Court Find Covenant Not To Compete Agreements Enforceable Under The Reliable Fire Standard
Oct 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | The High Hurdle To A Spoliation Claim: Is The Evidence Crucial?
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,…
Publications/ Whitepapers | The Troubles Of Trafalgar : Bad Faith In The Absence Of Breach Of Contract
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…
Publications/ Whitepapers | The 2012 Women’s Leadership Forum: Paying It Forward And Paying It Back
Sep 01, 2012 | By Denise Anderson, Carol Rooney
“Inspiration to initiate improvement.” That’s what attendees can expect to take away from the CLM’s 2012 Women’s Leadership Forum. The…
Publications/ Whitepapers | Scary Stuff: Insurance Claim Files And Exceptions To The Attorney-Client Privilege
Aug 23, 2012 | By Janice Buchman
I. Introduction In May 2008, we wrote in this Commentary: Are all attorney-client communications contained in such claim files that…
Publications/ Whitepapers | The Vanishing Right To Federal Jurisdiction In Bad Faith Claims In Florida
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…
Publications/ Whitepapers | Eeoc “Clarifies” That A Complaint For Discrimination Based On Transgender Status Is Cognizable Under Title Vii
Jul 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Protecting Confidential Communications: Application Of The Attorney-Client Privilege In First-Party Insurance Bad-Cases
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…
Publications/ Whitepapers | A Once In A Century Opportunity Meaningfully Amending The Federal Rules Will Improve The Administration Of Justice
May 01, 2012
Failing to adjust the Federal Rules of Civil Procedure to meet the demands of twenty-first century litigation will have significant,…
Publications/ Whitepapers | Creative Methods Used To Set-Up ‘Bad Faith’ Claims — Use Of Multiple Coverage Demands
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…
Publications/ Whitepapers | Learning From The 2011 Tornado Season: A Historic Year Of Coverage Lessons For Insurers In 2012
Apr 12, 2012 | By Michael Montgomery
A publication of CLM As natural disasters go, the tornado season of 2011 was one of the worst on the…
Publications/ Whitepapers | Duel Revisited: Are Commercial Trucking Trials Payback Time For Jurors?
Apr 11, 2012 | By Ryan Garrett
This article was originally published in DRI’s In Transit, The Newsletter of the Trucking Committee (Volume 15, Issue 1) I’m…
Publications/ Whitepapers | What Nearly Two Decades As A Subrogation Attorney Has Taught Me About Product Safety
Apr 01, 2012 | By Hobart Hind Jr.
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2012. ©…
Publications/ Whitepapers | Tort Reform Legislation In Alabama
Apr 01, 2012 | By George McMullin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2012. ©…
Publications/ Whitepapers | Are Expert Reports Always Protected By The Work Product Protection? …Maybe Not
Apr 01, 2012
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer, 2012. ©…
Publications/ Whitepapers | The Enhanced Injury Doctrine: How The Theory Of Liability Is Addressed In A Comparative Fault World
Apr 01, 2012
In certain motor vehicle accidents,there may be several potentially negligent factors, as well as several contributing causes to the injury…
Publications/ Whitepapers | Made-Whole Interpretations Leave Insurers Feeling Empty
Apr 01, 2012 | By Hobart Hind Jr.
There is a growing trend among state courts to interpret the made-whole doctrine in ways that have the potential to…
Publications/ Whitepapers | Seventh Circuit Addresses An Issue Of First Impression On The Definition Of Class And Class Issues And Finds Commonality In Wage Claim Case Under The Dukes Standard
Apr 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | A Liability Insurer’s (Almost Absolute) Right To Settle Claims Without The Insured’s Consent
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…
Publications/ Whitepapers | Bullock V. Philip Morris Usa, Inc.: Where ‘Reprehensibility’ As An Exception To Constitutional Protections And The Ratio Guidepost Includes The Wealth Of The Defendant
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…
Publications/ Whitepapers | “Freedom To Contract” Gives Rise To Big Recovery Opportunities From Policyholders For Self-Insured Retentions, Deductible Reimbursements, Retrospective Premiums And Loss Adjustment Expenses
Feb 14, 2012 | By Dean Rauchwerger
Insurance policies often include language that allows insurers to recover amounts they have advanced for the insured’s benefit. For instance,…
Publications/ Whitepapers | Does The “Case-By-Case” Approach In Florida Apply Only On A Case-By-Case Basis?
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…
Publications/ Whitepapers | Best Laid Plans: How The Definition Of “Occurrence” In Cgl Cases Continues To Change
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…
Publications/ Whitepapers | Who Killed Reverse Bad Faith? And Why It Could Make A Comeback
Jan 26, 2012
In every state in the union an insured can seek some form of compensation for an insurer’s ‘‘bad faith’’ in…
Publications/ Whitepapers | The Stay Of Judgments And Proceedings In Florida State Courts
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….
Publications/ Whitepapers | Preemption Developments: Early Implementation Of The Dodd-Frank Act Amendments Affecting National Banks And Federal Savings Banks, Banking And Financial Services Policy Report
Jan 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | U.S. Supreme Court Denies Class Certification To A Putative Class Of 1.5 Million Wal-Mart Employees
Jan 01, 2012 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | A Wolf In Sheep’s Clothing (Insurers Should Be Vigilant In Florida)
Dec 22, 2011
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #16…
Publications/ Whitepapers | Defending Sleep Apnea Claims In Trucking Litigation
Dec 11, 2011
Eric M. Zivitz is a partner at Butler in the firm’s Miami, Florida office. He devotes his practice to the…
Publications/ Whitepapers | Proximate Causation In Third-Party Bad Faith: Not Every Bad Decision Is A Bad-Faith Suit
Nov 23, 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. 25, #14…
Publications/ Whitepapers | If At First You Don’t Succeed, Should You Try Again?
Nov 01, 2011 | By Carol Rooney
Note: Carol Rooney is a partner with Butler in Tampa, where she practices complex commercial litigation and related appeals. She…
Publications/ Whitepapers | Recent Application Of State Farm V. Campbell In Bad-Faith Cases
Oct 27, 2011
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #10…
Publications/ Whitepapers | Litigation Is Not Always The Only Option
Oct 04, 2011 | By Matthew Peaire
his article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall, 2011. ©…
Publications/ Whitepapers | Turning Bad Faith Inside Out: How Plaintiff Attorneys Are Creating Third-Party Bad Faith Claims
Sep 29, 2011
FDCC Quarterly Vol.61.4
Publications/ Whitepapers | Whitepapers
Sep 16, 2011
APRIL 02, 2020 | WHITEPAPER | CORONAVIRUS AND PROPERTY INSURANCE POLICIES The novel coronavirus (COVID-19) is a respiratory disease that…
Publications/ Whitepapers | Applying The Litigation Privilege In Bad-Faith Cases
Aug 25, 2011 | By Brian Webb
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #8 (August 25,…
Publications/ Whitepapers | Determining Coverage In Property Insurance Policies- New Appleman On Insurance Law Library Edition, Chapter 42
Aug 15, 2011 | By John Garaffa, Kathy Maus
Abstract Of Chapter 42 This chapter addresses the issues that can govern whether the loss or damage to particular property…
Publications/ Whitepapers | The Insurer’s Bill Of Rights (A Balance Of Power)
Jul 28, 2011
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #6 (July 28,…
Publications/ Whitepapers | Seventh Circuit Upholds District Court’s Finding Of Disparate Impact In Hiring Of City Of Chicago Firefighters
Jul 01, 2011 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Choice-Of-Law Principles Affecting Insurance Bad-Faith Claims
Jun 23, 2011 | By Ryan Hilton
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 25, #5 (June 23,…
Publications/ Whitepapers | Recent Developments In Property Insurance Coverage Litigation
Jun 23, 2011 | By William (Bill) Lewis, Carol Rooney
Tort Trial & Insurance Practice Law Journal (Winter 2011 • Volume 46:2). Copyright © 2011 American Bar Association. All Rights Reserved. Reprinted by…
Publications/ Whitepapers | Raising The Roof: What’s Hot In Construction Defect Litigation
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….
Publications/ Whitepapers | The Conflict Pca: When An Affirmance Without Opinion Conflicts With A Written Opinion
Apr 01, 2011
This article was submitted on behalf of the Appellate Practice Section of the Florida Bar. April 2011, Volume 85, No.4
Publications/ Whitepapers | U.S. Supreme Court Holds Termination Of Employee’s Fiancé Constitutes Retaliation Against Female Employee, And Adopts The “Zone Of Interests” Test To Find That The Fiancé Has Standing To Sue Under Title
Apr 01, 2011 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | The Duty To Initiate Settlement Negotiations: Where Does It Begin And How Far Does It Go
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…
Publications/ Whitepapers | Seventh Circuit Affirms Summary Judgment In Race Discrimination Case
Jan 01, 2011 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Does Policy Reformation Create A Retroactive Bad-Faith Claim
Dec 23, 2010
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #16 (December 23,…
Publications/ Whitepapers | Splitting The Baby: The Insurer’s Duty To Notify The Insured Of The Need For An Allocated Verdict
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,…
Publications/ Whitepapers | Pitfalls For The Unwary: The Use Of Releases To Preserve Or Extinguish Any Potential Bad-Faith Claims Between The Primary And Excess Insurance Carriers
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…
Publications/ Whitepapers | Aia Subrogation Waivers: Reason Reigns Supreme In Maryland
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…
Publications/ Whitepapers | 2010 Annual Conference Committee Report
Oct 14, 2010 | By Hobart Hind Jr.
NASP’s 12th Annual Conference, being held November 7-10 at the Gaylord Resort in Grapevine, Texas IS RIGHT AROUND THE CORNER….
Publications/ Whitepapers | Workers’ Compensation Lien Pursuant To §440.39(3)(A) Fla. Stat. Limited In Breadth
Oct 14, 2010 | By George McMullin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall, 2010. ©…
Publications/ Whitepapers | First-Party Insurance And Bankruptcy
Oct 01, 2010
(TIPS Property Insurance Law Committee – 2010 Fall Newsletter). Copyright © 2010 American Bar Association. All Rights Reserved. Reprinted by permission. …
Publications/ Whitepapers | Seventh Circuit Upholds Jury Verdict In Favor Of Plaintiff In Retaliatory Discharge Case
Oct 01, 2010 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | We Said What We Meant And We Meant What We Said! — Enforcing Contract Language Despite Assertions Of Bad Faith And Insurer ‘Misconduct’ During The Adjustment Of The Claim
Sep 23, 2010 | By John Garaffa, Jason Seitz
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #10 (September…
Publications/ Whitepapers | Chinese-Drywall Cases And Their Impact On Liability-Insurance Carriers In Settling Multiple Claims In Good Faith Against Their Insureds In Certain State Courts
Aug 26, 2010 | By Ryan Hilton
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #8 (August…
Publications/ Whitepapers | Bad Faith – Variations On A Theme
Jul 29, 2010 | By Julius “Rick” Parker III
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #6 (July…
Publications/ Whitepapers | Maryland Court Holds Waiver Of Subrogation Contract Language Does Not Bar Recovery After Project Completion And Final Payment
Jul 08, 2010
State Specific: Maryland Maryland Court Holds Waiver of Subrogation Contract Language Does Not Bar Recovery After Project Completion and Final…
Publications/ Whitepapers | Florida Again Rejects The Sutton Rule
Jul 08, 2010
This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010. Reprinted by permission. State Specific | Florida In…
Publications/ Whitepapers | Arbitration Of Construction Defect Claims
Jul 08, 2010 | By Hobart Hind Jr., George McMullin
This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010. Reprinted by permission. Arbitration Forums, Inc. and Construction Defects…
Publications/ Whitepapers | Florida Legislature Increases The Statutory Limits On Liability For Tort Claims Against The State And Its State Agencies
Jul 07, 2010 | By Matthew Peaire
This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010. Reprinted by permission. Historically, in Florida, tort claims…
Publications/ Whitepapers | United States Supreme Court Holds That An Eeoc Charge Is Timely Filed If The Action Complained Of Perpetuates An Employment Practice Originating From An Earlier Unlawful Action
Jul 01, 2010 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Bad Faith And Beyond: A Business Law Primer For Insurers
May 27, 2010
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 24, #2 (May…
Publications/ Whitepapers | Perera V. United States Fidelity & Guaranty Co.
May 27, 2010 | By Kathy Maus
Perera v. USF&G, ___ So. 3d ___, 2010 WL 1791151 (Fla. 2010) This opinion has not been released for publication. Until…
Publications/ Whitepapers | Don’t Cut Corners On Proper Notice…It Matters!
May 24, 2010
This article was originally published in NASP’s Subrogator publication, Winter 2010. © 2010. Reprinted by permission. Contact the authors for the full…
Publications/ Whitepapers | (Almost) Twenty Years After Powell: Case Studies On A Liability Insurer’s Duty To Initiate Settlement Negotiations
May 13, 2010 | 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, #1 (May…
Publications/ Whitepapers | A New Profit Center In The Economic Downturn
May 01, 2010 | By John Garaffa
Litigation concerning benefits for business interruption is seldom an exciting spectator sport. However, Safeguard Storage Properties LLC v. Donahue Favret Contractors,…
Publications/ Whitepapers | Is The Increased Cost To Repair Undamaged Portions Of The Structure A Consequence Of Enforcement Of Building, Zoning Or Land Use Ordinance Or Law?
Apr 23, 2010 | By Jason Seitz
This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…
Publications/ Whitepapers | When Does It End? The Claim For Unlimited Business Interruption
Apr 23, 2010 | By John Garaffa
This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…
Publications/ Whitepapers | Is A Claim For Breach Of Implied Warranty Of Good Faith And Fair Dealing Distinct From A Bad Faith Action In A First-Party Insurance Claim In Florida?
Apr 23, 2010 | By Sarah Burke
This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…
Publications/ Whitepapers | How Speculative Is Speculative? Testing The Limits Of Business Interruption Coverage
Apr 23, 2010 | By John Garaffa
This is one of a series of articles under “Property Insurance Law Committee” originally published in ABA Committee News, Winter…
Publications/ Whitepapers | Lewis F. Collins, Jr.: A Year Of Accomplishment – Keeping Lcj Focused On Procedural Rule Reform
Apr 01, 2010
Lewis F. Collins, Jr.: A Year Of Accomplishment – Keeping LCJ Focused On Procedural Rule Reform By Lewis Collins
Publications/ Whitepapers | As A Matter Of First Impression, Releases And Private Settlements Of Wage Claims Are Void Under The Minimum Wage Law And The Wage Payment And Collection Act
Apr 01, 2010 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Breaking Down Privileges: Discovery Of The Claim File In Florida Bad-Faith Actions
Mar 25, 2010 | By David Krouk
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #22 (March…
Publications/ Whitepapers | Extracontractual Recovery Without Bad Faith
Feb 25, 2010 | By James Michael Shaw , Jr.
Extracontractual Recovery Without Bad Faith: What Every Insurer Needs To Know About Insurance Intermediaries’ Liability To Insureds This is one…
Publications/ Whitepapers | State Specific: North Carolina
Feb 01, 2010 | By George McMullin
North Carolina Extends Statute of Repose Period for Products Liability Claims This article was originally published in NASP’s Subrogator publication,…
Publications/ Whitepapers | A Look Back At Some Of 2009s Significant Bad Faith Decisions
Jan 28, 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. 23, #18 (January…
Publications/ Whitepapers | The Learned Intermediary Doctrine: An Update
Jan 01, 2010 | By Carol Rooney
This article was original published in Trial Advocate Quarterly, a publication of the Florida Defense Lawyers Association, Volume 30, Number…
Publications/ Whitepapers | “Alien Smuggling: Do Not Be An Alien To The Law!” Florida Defender, Volume 23, No. 3, Fall 2010
Jan 01, 2010
For copy of the publication please contact Josh Golembe.
Publications/ Whitepapers | Plaintiff Fails To Maintain Retaliatory Discharge Claim Based On Public Policy Of “Patient Safety”
Jan 01, 2010 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | The Likelihood Of Success (Or Failure) — The Evaluation Of Judgments For Appeal
Nov 01, 2009
The Likelihood of Success (or Failure) — The Evaluation of Judgments for Appeal This article was originally published in For…
Publications/ Whitepapers | Lawyers For Civil Justice: Marshalling Legal Expertise To Meet The Challenges Of Civil Justice Reform
Nov 01, 2009
Originally published in The Metropolitan Corporate Counsel, Special Section, Civil Justice Reform. Reprinted with permission. © 2009.
Publications/ Whitepapers | The Daubert Tango: “Recent Developments In Fire And Explosion Litigation”
Oct 29, 2009 | By Dean Rauchwerger
In 1923, the Court of Appeals for the District of Columbia, affirming the exclusion of an expert witness at trial,…
Publications/ Whitepapers | Does An Insured Owe A Duty Of Good Faith To Its Insurer When The Insured Is Responsible For Defense Costs In A Self-Insured Retention?
Oct 22, 2009 | By Ryan Hilton
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #12,…
Publications/ Whitepapers | U.S. Supreme Court Hold’s City’s Refusal To Certify Firefighter’s Promotional Examination Results Violate Title Vii’s Disparate- Treatment Prohibition
Oct 01, 2009 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Fairly Debatable?
Aug 27, 2009 | By Julius “Rick” Parker III
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #8,…
Publications/ Whitepapers | Writ Of Certiorari Dismissed As Improvidently Granted — The Ambiguous End To Philip Morris Usa, Inc. V. Williams
Jul 30, 2009 | By John Garaffa
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #6,…
Publications/ Whitepapers | U.S. Supreme Court Holds Adea Disparate- Treatment Claim Requires Proof By A Preponderance Of The Evidence That Age Was The “But-For” Cause Of Alleged Adverse Employment Action
Jul 01, 2009 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Spoliation Of Evidence – A Summary Of Killings V. Enterprise Leasing Company, Inc., 2008 Wl 4967412 (Ala. 2008)
Jun 01, 2009 | By Matthew Peaire
Spoliation of Evidence This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals,…
Publications/ Whitepapers | Arbitrary And Capricious
Apr 23, 2009 | By Christopher Ramey
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #24,…
Publications/ Whitepapers | U.S. Supreme Court Extends Title Vii’s Anti-Retaliation Provision To Complaints Made Upon Employer’s Inquiry
Apr 01, 2009
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Florida’s Bad Faith Quagmire: Is Summary Judgment Ever Available?
Mar 26, 2009
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #22…
Publications/ Whitepapers | Is Abnormal Becoming The New Normal In Alabama?
Feb 26, 2009 | By Michael Montgomery
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #20…
Publications/ Whitepapers | What Happens When You Cross The State Line?
Jan 02, 2009 | By Ryan Garrett
This article was originally published in For The Defense magazine, January 2009, Vol. 51, No. 1, page 26. Copyright ©…
Publications/ Whitepapers | Employee Who Surreptitiously Recorded Meeting Failed To Establish Prima Facie Case Of Retaliation Under Title Vii
Jan 01, 2009 | By Geoffrey Waguespack
If you would like to discuss this topic further, please contact Geoffrey Waguespack or directly 312-456-1579.
Publications/ Whitepapers | Unreasonable Consent Judgments; What Next?
Nov 25, 2008 | By Julius “Rick” Parker III
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #14,…
Publications/ Whitepapers | Landing The Knockout Punch: Contacting Another Party’s Current And Former Employees Within The Ropes
Oct 07, 2008 | By Dean Rauchwerger
Winning litigation requires that you and your counsel land the devastating uppercuts at the key moments in the fight. Big…
Publications/ Whitepapers | Torts For Tots (Bad Faith And Other Independent Torts)
Aug 28, 2008
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #8…
Publications/ Whitepapers | Exxon Shipping Co. V. Baker: Sailing Into The Confluence Of Common Law And Constitutional Standards For Punitive Damages
Jul 15, 2008 | By John Garaffa
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 22, #6,…
Publications/ Whitepapers | Consequential Damages Under The Insurance Contract — The New “Bad Faith?”
Jun 17, 2008 | By Carol Rooney
This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 21, #28…
Publications/ Whitepapers | Ripe For Campbell Review: A Florida Uninsured Motorist Claimant’s Statutory Right To Recover Excess Verdict Damages In A Bad Faith Action
Jan 22, 2008 | By J. Pablo Cáceres, Christopher Ramey
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Punitive Damages – The Rationale Of Ratios
Dec 18, 2007
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Drowning In Black Water: Water Restoration Contractors’ Deviations From Industry Good Practices & Standards Of Care Trigger Potential Mold Liabilities
Dec 03, 2007 | By Dean Rauchwerger
Entry of errant water into a building or other structure can lead to serious mold problems, physical damages and substantial…
Publications/ Whitepapers | Alabama Limits Subrogation Rights Under Wrongful Death Statute
Oct 01, 2007 | By Michael Montgomery
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall, 2007. ©…
Publications/ Whitepapers | A Tale Of Three Deductibles And Six Words: Florida Federal Court Upholds Insurers’ Interpretation Of Hurricane Deductibles In Absence Of Genuine Policy Ambiguity
Aug 21, 2007
By: Gina G. Smith, Butler Weihmuller Katz Craig LLP, 3600 Maclay Blvd., Tallahassee, FL 32312, 850-894-4111, gsmith@butler.legal Within a 30-day…
Publications/ Whitepapers | Ethics: Concerns About Lawyer Competency In The Brave New World Of Electronic Discovery
Aug 01, 2007 | By John Garaffa
Introduction As one court has characterized it, “a ‘certificate of admission to the bar’ is a pilot’s license which authorizes…
Publications/ Whitepapers | Oxymoronic (“Tortious Breach Of Contract”)
Jun 24, 2007
By: Alan J. Nisberg This is one of a series of articles under the by line “Butler on Bad Faith”…
Publications/ Whitepapers | Williams V. Philip Morris Inc. Ii – The Fog Of Legal Rationale
Jun 19, 2007 | By John Garaffa
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Hindsight Vs. Foresight: The Adjustment Of Business Income Claims
May 01, 2007 | By Thomas Keller
A Debate Renewed This article was originally published in For The Defense, May 2007, Vol. 49, No. 5. Reprinted by permission….
Publications/ Whitepapers | Nanotechnology: Promise Or Pandora’s Box?
May 01, 2007
By Charles E. Reynolds, II This article was originally published in In-House Defense Quarterly, Spring 2007, Vol. 2, No. 2. Reprinted…
Publications/ Whitepapers | What The Heck Is An Ensuing Loss?
Apr 05, 2007 | By William (Bill) Lewis
I. Introduction The idea of “ensuing loss” sounds so simple. It is a loss that ensues from an earlier loss….
Publications/ Whitepapers | Caveat Insuror
Mar 20, 2007 | By Julius “Rick” Parker III
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | The Scope Of Ongoing Operations Additional Insured Endorsements: Broader Than Expected
Feb 07, 2007
This article was originally published by the International Risk Management Institute, February 2007 edition. © Copyright by IRMI. http://www.irmi.com Additional insured endorsements come…
Publications/ Whitepapers | Florida’s Legislature Abolishes Joint And Several Liability
Feb 01, 2007 | By Scott Katz
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page…
Publications/ Whitepapers | Florida Legislature Again Changes The Requirements For Making A Construction Defect Claim
Feb 01, 2007 | By Scott Katz, Matthew Peaire
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page…
Publications/ Whitepapers | Discovery Of The Insurer’s Claims File: Exploring The Limits Of Plaintiff’s Fishing License
Jan 01, 2007 | By John Garaffa
The Joan Fullam Irick Privacy Project
Publications/ Whitepapers | Pushing The Envelope: Exploring The Newest Trends In Bad Faith Exposure In Automobile Cases
Jan 01, 2007 | 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….
Publications/ Whitepapers | Underwriters Laboratories—The Forgotten Island In The Litigation Seas—”Full Of Fruit”—For Bolstering Or Undercutting Product Integrity
Dec 05, 2006 | By Dean Rauchwerger
Underwriters Laboratories Inc. (“UL”) is a nonprofit organization conducting product safety evaluations. UL Marks are on 19 billion products ( www.ul.com )….
Publications/ Whitepapers | Attacking The Admission Of Osi Evidence
Dec 01, 2006
In product liability lawsuits, plaintiffs frequently seek to admit evidence of other incidents involving the same product alleged to be…
Publications/ Whitepapers | Subrogating Hurricane Claims
Nov 12, 2006 | By Scott Katz
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page…
Publications/ Whitepapers | Something Old…Something New…: The Availability Of “Sentimental Value” Damages In Courts Throughout The United States
Oct 01, 2006 | By Denise Anderson
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall 2006, Page 49. ©…
Publications/ Whitepapers | Product Liability: The Top 30 Hooks!
Oct 01, 2006
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Remanded In Light Of State Farm V. Campbell: The Opportunity For Further Illumination Presented By Williams V. Philip Morris Inc
Sep 19, 2006 | By John Garaffa
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Most Favored Nation Clauses – “The Ultimate Double Edged Sword”
Sep 01, 2006
This article was originally published in the IADC Newsletter, September 2006, No. 2. © Copyright 2006 by IADC. All rights…
Publications/ Whitepapers | The Big Daubert Hurdles In Fire & Explosion Litigation
Aug 01, 2006 | By Dean Rauchwerger
Over a decade has passed since the U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579…
Publications/ Whitepapers | Pre-Tender Defense Costs: Who Pays?
Jul 01, 2006
International Risk Management Institute (©Copyright July 2006) (with Rebecca Applebaum) Please contact the attorney for a copy of the article….
Publications/ Whitepapers | Selected Third-Party Bad Faith Liability Standards Governing Failure To Settle Cases
Jun 15, 2006
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | A Product Supplier’s Liability Exposure For Noncompliance With Its Obligation Under The Consumer Product Safety Act And Related Alternative Statutory Authorities
Jun 05, 2006 | By Dean Rauchwerger
Manufacturers, importers, distributors and retailers have the obligation to place only those products that are safe for use into the…
Publications/ Whitepapers | “Top-Dog” Depositions The Hurdles To Overcome
May 09, 2006 | By Dean Rauchwerger
High-level executives are frequently sought to be deposed because of their unique corporate roles for, inter alia, policy making, corporate…
Publications/ Whitepapers | Taking A Closer Look For Deep Pockets
May 09, 2006 | By Dean Rauchwerger
A CORPORATION is a legal entity created by filing certain documents with the state. It offers many benefits that are…
Publications/ Whitepapers | Alternative Ways To Use Evidence Of “Other Conduct” That Would Otherwise Not Be Admitted
May 01, 2006 | By Dean Rauchwerger
In developing your case, as plaintiff or defendant, it is important to appreciate the various alternative ways for opening the…
Publications/ Whitepapers | Achilles’ Heel: First-Party Property “Bad-Faith” Damages
Apr 18, 2006 | By Thomas Keller
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | The Uncertain Scope Of “Hurricane Damage” Under State Valued Policy Laws
Apr 01, 2006 | By John Garaffa
State Valued Policy Laws, 41 Tort Trial & Ins. Prac. L.J. 943 (Spring 2006). © 2006 Reprinted by permission. This…
Publications/ Whitepapers | Are Products Advertisements That Give Rise To Advertising Injury Coverage?
Apr 01, 2006 | By Caroline Adams
International Risk Management Institute (©Copyright April 2006) (with Rebecca C. Appelbaum) http://www.irmi.com
Publications/ Whitepapers | Recent Change In Florida’s Spoliation Law
Apr 01, 2006 | By George McMullin
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2006, Page…
Publications/ Whitepapers | The Implied Covenant Of Good Faith And Fair Dealing
Feb 21, 2006
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Getting The Winning Edge: Appreciating The Permissible Boundaries, In Qui Tam And Other Litigation Contexts, For Contactiong Your Adversary’s Current & Former Employees
Jan 03, 2006 | By Dean Rauchwerger
To say the least, litigation is frequently competitive, hard-fought and fraught with many hurdles. Developing a winning case requires that…
Publications/ Whitepapers | Allocation Of Damages For Ongoing Losses Over Multiple Policies — Who Pays And How Much
Jan 01, 2006
International Risk Management Institute (©Copyright January 2006) (with Rebecca C. Appelbaum) Please contact the attorney for a copy of the…
Publications/ Whitepapers | Recent Developments In Property Insurance Law
Dec 01, 2005 | By K. Clark Schirle
For the full version of the article, please contact the author.
Publications/ Whitepapers | Courageous Whistleblowers Are Not “Left Out In The Cold”: Legitimate Justifications Exist For Collecting Evidence Of False Claims Act Violations
Oct 25, 2005 | By Dean Rauchwerger
I. Introduction It is the courage of whistleblowers, standing up in the face of great adversity and overwhelming pressure to…
Publications/ Whitepapers | The Scope Of The Prior Publication Exclusion: Now You See It, Now You Don’t
Oct 01, 2005
International Risk Management Institute (©Copyright October 2005) (with Rebecca C. Appelbaum) Please contact the attorney for a copy of the…
Publications/ Whitepapers | Fire Department Negligence Not Considered Intervening Cause In Franklin County, Ohio
Oct 01, 2005 | By George McMullin, Matthew Peaire
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall 2005, Page…
Publications/ Whitepapers | Florida’s “Valued Policy” Law – The Eye Of The Storm
Jul 01, 2005 | By John Garaffa
Hurricanes Charley, Frances, Ivan, and Jeanne have once again brought Florida insurance law under the microscope. In the midst of…
Publications/ Whitepapers | An Insurer’s Liability For Punitive Damages In An Excess Judgment
Jun 07, 2005
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | How “What We Learned In Little League” Paves The Way For Winning Litigation!”
May 03, 2005 | By Dean Rauchwerger
As in baseball, whether being the batter, pitcher, or outfielder, successful litigation requires a strong belief and conviction that one…
Publications/ Whitepapers | Practical Considerations In The Defense Of Rollover Accident And Rops Defect Claims
May 01, 2005
Despite the prevalence of rollover protective structures (“ROPS”) on agricultural and construction equipment manufactured over the last two decades, claims…
Publications/ Whitepapers | Building Your Product Liability Claim: A Product Supplier’s Obligations Under The Consumer Product Safety Act
May 01, 2005
If you would like to discuss this topic further, please contact Dean Rauchwerger or directly 312-462-9147.
Publications/ Whitepapers | Detours: Campbell Stops At The Willow Inn
Apr 19, 2005
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Live . . . From The House Of Subrogation!
Apr 01, 2005 | By Scott Katz
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…
Publications/ Whitepapers | Florida’s Supreme Court Finally Brings Clarity To The Economic Loss Rule
Apr 01, 2005 | By Scott Katz, Carol Rooney
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…
Publications/ Whitepapers | Florida’s “Made Whole” Doctrine: Returning A Portion Of The Insured’s Deductible Is Permissible – For Now!
Apr 01, 2005 | By Scott Katz
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…
Publications/ Whitepapers | New Amendments To Florida Law For Making Claims Against Contractors For Construction Defects
Apr 01, 2005 | By Scott Katz, Matthew Peaire
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page…
Publications/ Whitepapers | The Timely Demise Of Excess Judgments (Probate Nonclaim Statutes)
Mar 22, 2005 | By Caroline Adams
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Piece Of Mind: The Utah Supreme Court’s Response To Campbell
Jan 18, 2005 | By John Garaffa
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Spoliation Of Evidence – Limiting The Duty To Preserve
Jan 01, 2005 | By Scott Katz
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Summer, 2009, Page…
Publications/ Whitepapers | Hospital Lien Laws And Personal Injury Settlements
Nov 16, 2004 | By Ryan Hilton
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Forcing The Issue: Virginia Courts Begin To Expand Recoveries In Tort Between Parties To A Contract
Oct 01, 2004 | By Hobart Hind Jr.
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Fall 2004, Page…
Publications/ Whitepapers | The Continuing Need For De Novo Review Of Punitive Damage Awards — Liggett Group, Inc. V. Engle
Jul 07, 2004 | By John Garaffa
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | New Florida Law Changes Procedure For Making Claims Against Contractors For Construction Defects
Feb 01, 2004 | By Scott Katz, Matthew Peaire
This article was originally published in NASP Subrogator Magazine, February 2004, p. 68. © Copyright Butler 2004. Florida Governor Jeb…
Publications/ Whitepapers | Do Liability Insurers Have A Duty To Make An Offer Where There Is No Claim Against The Insured?
Jan 21, 2004 | By Ryan Hilton
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Going Toe-To-Toe With Your Opposing Expert
Jan 06, 2004 | By Dean Rauchwerger
Experts oftentimes make or break cases. As knowledge and science have grown, so has the range of experts that parties…
Publications/ Whitepapers | Juggling Multiple Claims With Inadequate Limits
Oct 15, 2003
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Reflections – Thirty Years After Gruenberg V. Aetna Ins. Co.
Aug 13, 2003 | By John Garaffa
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | What Is A “Reasonable” Settlement When There Are Multiple Claimants?
Jul 16, 2003
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Appraising Windstorm Claims
Jun 18, 2003 | By Matthew Peaire
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | The Current State Of Comparative Bad Faith
Apr 16, 2003 | By David Krouk, John Weihmuller
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | “Advice Of Counsel” – Defense Or Defeat
Mar 19, 2003 | By Scott Frank
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s Litigation Report: Insurance…
Publications/ Whitepapers | Evolving Trends In Calculating Acv And Replacement Cost
Mar 13, 2003 | By William (Bill) Lewis
I. Introduction Assuming that a loss falls with the terms and conditions of the insurance policy and is a covered…
Publications/ Whitepapers | Institutional Bad Faith: Individual Or Class Action Litigation (All For One? – Or – One For All?)
Feb 19, 2003
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Anger And Punishment
Jan 22, 2003 | By Matthew Peaire
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Can It Be ‘Bad Faith’ For An Insurer To File A Declaratory Action?
Dec 18, 2002 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | The Contagion Of Example: Attacking The Root Of The Problem In Lawyer Professionalism
Nov 01, 2002
This article was originally published in “The Federal Lawyer,” Nov/Dec 2002, Volume 49, Number Ten, Page 31. © Copyright 2002…
Publications/ Whitepapers | Time Bombs
Oct 23, 2002 | By David Krouk
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Spoliation As Bad Faith
Sep 18, 2002 | By Scott Katz
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Fire Scene Spoliation: Have We Gone Too Far?
Jun 01, 2002 | By Scott Katz
This article was published in For The Defense, Vol. 44, No. 6, June 2002. © Copyright 2002 DRI, Inc. Over…
Publications/ Whitepapers | Seventh Circuit Court Of Appeals Finds “Independent” Insurance Broker To Be Intermediary Of Insured, Barring Coverage And Bad Faith Claims
Apr 17, 2002 | By William (Bill) Lewis
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Recognizing Subtle Exposures To Avoid Bad Faith Claims
Nov 21, 2001
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Justices: Please Take This Case!
Oct 17, 2001 | By Fay Ryan
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Additional Insured Coverage And Bad Faith
Sep 19, 2001
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Resolution Of The Underlying Claim As A Prerequisite To Bad Faith
Aug 18, 2001 | By David Krouk
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Diminished Value In Auto Damage Claims
Mar 21, 2001 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s Litigation…
Publications/ Whitepapers | Possible Bad Faith In The Allocation Of Coverage For Third Party Continuous Loss Claims
Feb 21, 2001 | By Caroline Adams
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Raising The Coverage Defense In The Bad Faith Case
Oct 24, 2000 | By Kathy Maus
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Is It Bad Faith To Settle Covered Claims Only
Aug 22, 2000 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Level The Playing Field: Abate Or Stay The Bad Faith Action Pending Resolution Of The Underlying Liability Or Coverage Case
Jul 25, 2000
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | The Public Adjuster’s Perspective
Jun 20, 2000 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Contractors’ Bonds: Who Can Sue The Surety For Bad Faith?
May 19, 2000 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Three Reasons Why Loss Reserves Ought Not Be Admissible In A Bad Faith Case
Apr 18, 2000 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Issue Revisited: Who Can Sue The Surety For Bad Faith Under A Construction Bond?
Mar 01, 2000 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Perfunctory Defense
Feb 15, 2000 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Bad Faith Findings In The Absence Of Coverage
Jan 01, 2000 | By Kathy Maus
This article was published in For the Defense Vol. 42, No. 1, January 2000. © Copyright 2000 DRI, Inc. Claimants…
Publications/ Whitepapers | Evaluating Expert Testimony With Respect To Medical Causation: The Use Of Epidemiological Studies In Court
Jan 01, 2000
In toxic tort cases, medical causation is often the plaintiff’s most difficult element of proof. The first hurdle a plaintiff…
Publications/ Whitepapers | Malicious Defense
Dec 21, 1999 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Why A First Party Insurer Is Not A Fiduciary
Nov 16, 1999 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | The Duty Of Good Faith: Continuing Into Litigation
Oct 19, 1999 | By Brian Webb, John Weihmuller
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Good Faith Settlement Of Claims In Excess Of Policy Limits Against Multiple Insureds
Sep 21, 1999
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Multiple Claims Exceeding The Policy Limits
Aug 17, 1999 | By John Weihmuller
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Advice Of Counsel: Insurance Companies’ First And Last Line Of Defense / Mealey’s Litigation Reports: Bad Faith
Jul 20, 1999 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Standard Of Care In First Party Bad Faith Actions: Is “Fairly Debatable” Fair?
Jul 01, 1999 | By Lee Craig, Kathy Maus, Brian Webb
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Statute Of Limitations In A Bad Faith Action: Which One Applies And When Does It Accrue?
Mar 16, 1999 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Duty Of Insurers To Advise Insureds Of Policy Benefits
Jan 19, 1999
Introduction This article considers whether an insurer has a duty to advise an insured of policy benefits not claimed. Some…
Publications/ Whitepapers | Federal Preemption Of Extracontractual Claims Under Flood Insurance Policies
Dec 15, 1998 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Supplement To Federal Preemption Of Extracontractual Claims Under Flood Insurance Policies
Dec 14, 1998 | By Lee Craig
This is a supplement to the December 1998 article published in Mealey’s Litigation Reports: Bad Faith on “Federal Preemption of…
Publications/ Whitepapers | The Expanding Scope Of Discovery In Bad Faith Cases
Nov 17, 1998 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Does A Liability Insurer Have A Duty To Initiate Settlement Negotiations?
Oct 20, 1998 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Choice Of Law In Bad Faith Cases
Aug 18, 1998 | By Lee Craig
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Recovery Of Damages For Emotional Distress In Tort, Contract And Statutory Bad Faith Actions
Jul 21, 1998 | By Lee Craig, J. Pablo Cáceres
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey’s…
Publications/ Whitepapers | Discovery Issues In Bad Faith Cases
Jan 01, 1996
Mr. Rawls is a contributing author of the chapter entitled “Discovery Issues in Bad Faith Cases,” Recurring Issues in Insurance…
Publications/ Whitepapers | Civility In Depositions – Hardball Strikes Out – Improper Objections And Tactics During Depositions
Mar 01, 1995
This article was originally published as Civility In Depositions – Hard Ball Strikes Out, as part of the Course Book for the…
Publications/ Whitepapers | Attacking The Consent Judgment: Corralling The Horse That Gets Out Of The Barn
Jan 01, 1993 | By John Weihmuller
DRI, 1993 (Steve Rawls as an uncredited author with John Weihmuller) http://www.dri.org