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  • Article

    Insurers May Be On-The-Hook For Pre-Suit Attorney's Fees, But Can Avoid Them By Considering Pre-Suit Settlement

    Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021)...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    How Do You Measure Up?

    Insurance carriers have invested in core systems to help streamline their internal claims-handling processes.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    More Than One Collision, But How Many Accidents?

    Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist ("UM") coverages.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles

    Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Knowing The Code: An Overview Of Ordinance And Law Coverage

    After a lengthy adjustment involving numerous inspections, intense negotiations, and supplemental payments, a claims professional is about to close a particularly grueling file.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    A Matter Of Means And Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

    Florida's Fourth District Court of Appeal affirmed the trial court's dismissal of an insured's breach of contract action due to the insured's failure to file a formal notice of intent to initiate litigation against the...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

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

    A plethora of litigation exists in Florida's state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine

    After paying out a claim, insurers often pursue a subrogation recovery from a responsible third party. In evaluating the potential for recovery, subrogation specialists consider many ...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Scheduling, Compliance, And Liaison Tasks Under The Professional Services Exclusion

    Although a construction manager's scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor's other roles...
    United StatesReal Estate and Construction
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Confined To The Four Corners By The Rules Of Contract Interpretation

    The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties' subjective intent and expectations to the contrary, reversing the trial court's entry...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Florida's Second DCA: Coverage Can Remain At Issue Even After Insurer's Payment

    A Florida appellate court recently made clear that the issue of insurance coverage can remain in dispute, even where an insurer has already paid out some benefits to an insured in connection...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Duke v. Hoch Standard Survives Challenge In Eleventh Circuit

    The general rule under Florida law is that the party claiming insurance coverage has the initial burden to show that a settlement or judgment represents damages that fall within the coverage provisions of the insurance policy.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    If I Wanted Your Opinion, I'd Give It To You

    One developing area of Florida law is whether a public official can be held liable for defamation for statements written by an official on Facebook, Instagram, other social media sites, or a blog.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

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

    The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

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

    Residency has long been the touchstone of insurability when it comes to homeowners insurance. Courts applying Pennsylvania law have held that residency is a condition precedent to insurance coverage...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Recent Changes In Florida's Property Insurance Law For Admitted And Surplus Lines Insurers: The Basics Of What You Need To Know

    Hours before the close of Florida's 2021 annual legislative session, the Florida Legislature passed SB 76, legislating wide changes to the handling and litigation of property insurance claims.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    New Hampshire Confirms Sutton Doctrine Applies To College Dormitories

    The determination of whether a tenant is also a coinsured under the landlord's policy ultimately comes down to the language in the lease and relationship between the parties.
    United StatesReal Estate and Construction
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Not So Fast! The Confession Of Judgment Doctrine In Dispute-Over-Amount Cases

    Florida law allows an insured to recover attorney's fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Critical Analysis In The Claims Handling Process – One Or Multiple Occurrences?

    An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences...
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Tear-Out Costs Get Torn Out Again

    On September 13, 2023, the Third District Court of Appeal released its opinion in People's Trust Insurance Company v. Banks. The opinion is a substitute opinion for the Court's original...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP

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