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  • Article

    Sifting Through The Ashes

    Fires in structures under construction have increased since 2010, according to the National Fire Protection Association, and investigations of these events provide a different level of complexity than fires in fully occupied, finished structures.
    United StatesReal Estate and Construction
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Personal Injury Protection Coverage: A Thing Of The Past In Florida?

    Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971. PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits...
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    In South Carolina, Documents Outside The Pleadings May Be Utilized To Exclude Coverage

    In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a commercial general liability policy is the Comparison or Four-Corners Test.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    What You Need To Know About Recent Changes To Florida Property Insurance Law Affecting Admitted And Surplus Lines Insurers

    Having been called back to the capitol by Florida's governor for a special session to address issues within the property insurance market, the Florida Legislature passed two property insurance bills, SB 2-D and SB 4-D...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

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

    On November 16, 2021 American Integrity Insurance Company of Florida filed a request for approval for an endorsement to its Homeowners multi-peril policy.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Attorney's Fees As An Element Damages In An Uninsured Motorist Bad Faith Lawsuit Make The Plaintiff Whole, Not His Or Her Attorneys

    A plaintiff cannot recover attorney's fees in a Florida lawsuit for Uninsured Motorist benefits unless there is a dispute about whether the insurance policy provides coverage.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Florida Supreme Court Unveils A Revamped Summary Judgment Rule Just In Time For The May 1, 2021 Effective Date.

    On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the summary judgment standard articulated by the...
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    How Will Florida's Amended Summary Judgment Standard Affect Bad Faith Cases?

    The Florida Supreme Court ended 2020 with a bang! The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

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

    On February 14, 2024, Florida's Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd's London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024)...
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    The Changing Fact Of Additional Insured Coverage

    As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Dodge'n Expert Bias Discovery Issues Raised In Worley

    Expert witnesses are a critical part of litigation. A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial. Like all witnesses, an expert witness' bias may be discovered.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    The Continued Question Of Disinterested Appraisers For Florida Appraisals

    In most circumstances involving an insurer's extension of coverage for a property loss, an appraisal provision in an insurance policy provides an insured and an insurer a mechanism...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Can You Get Stuck With Stucco? Coverage Under An EIFS Exclusion For Property Damage Caused By Construction Defects

    Many commercial general liability policies contain an exterior insulation and finish systems (EIFS) exclusion, which bars coverage under specific circumstances when EIFS is used in construction.
    United StatesReal Estate and Construction
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP

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