Author Info for Butler Weihmuller Katz Craig LLP

Jeffery Allcorn

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code Chapter 542A

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from the…more

Appraisal Awards, Attorney's Fees, Claim Preclusion, Insurance Claims, Insurance Code

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Denise Anderson

Butler's Thursday Tips #1 | Staying Fit

Partner Denise Anderson offers some tips on staying active and healthy while working from home. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health, Remote Working

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Jonathan Barger

Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court Restaurant

A victory was obtained in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 (7th Cir. June 8, 2022). The Seventh Circuit affirmed yet another trial court decision in favor of an insurer on a Covid-19 business…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Michael Berkowitz

Florida Streamlines Admitting Satellite and Mapping Images into Evidence

Satellite and mapping imagery has an important role in the litigation of property insurance claims, from its use to question a witness under oath, its use as a demonstrative aid at trial, to even being admitted into evidence at…more

Evidence, Florida, Insurance Claims, Insurance Litigation, Insurance Reform

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W. Douglas Berry

All Insurance Adjuster Offices Now Need A Head Honcho!: Florida Legislature Addresses Adjusting And Public Adjusting Firms.

Florida House Bill 911, “An Act Relating to Insurance Adjusters” became law on January 1, 2018. In large part, the new legislation deals with the internal operation of public adjusting firms…more

Florida, Insurance Industry, New Legislation, Public Adjusters, Regulatory Standards

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Sydney Broom

New York Court Emphasizes the Importance of Notice in Subrogation

An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the…more

Insurance Claims, Insurance Litigation, Insurance Regulations, Settlement, State Farm

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Janice Buchman

BLACK HISTORY MONTH | KATHERINE JOHNSON AND CHARLES DREW

In the last part of our miniseries highlighting several prominent African-American figures in history, we take a look at the lives of Katherine Johnson and Dr. Charles Drew. Starring Janice Buchman and Anthony Russo…more

Career Development, Heritage & Culture, Leadership, Medical Research, NASA

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Thomas Burgess, Jr.

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. In the absence of specific language or a unique…more

Co-Insured Issues, Colleges, Equitable Subrogation, Insurance Claims, Negligence

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Dericka Burke

What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory…more

Assignment of Benefits (AOB), Florida, Hurricane Season, Insurance Adjusters, Insurance Claims

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Sarah Burke

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs. Though many of these claims were legitimate, enterprising…more

Denial of Insurance Coverage, Florida, Hurricane Season, Insurance Claims, Insurance Regulations

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Barry Burkett

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the…more

Bars, Bodily Injury, Car Accident, Dram Shop Laws, Drunk Driving

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Mihaela Cabulea

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

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

Declaratory Judgments, Florida, Insurance Claims, Insurance Industry, Insurance Litigation

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J. Pablo Cáceres

Profiting from a Peril: Business Interruption Valuation During Economic Instability

The pandemic and political turmoil are causing widespread and long-term economic volatility after many years of positive trends. But covered commercial property losses continue, whether caused by fire, wind, or other causes…more

Business Interruption, Business Losses, Commercial Insurance Policies, Florida, Hurricane Season

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William Collum

Nuanced Aspects of Hurricane Claims: Civil Authority, Ordinance or Law, and Mobile Home Claims

The adjustment of hurricane claims sometimes involve discrete issues regarding either special coverages under insurance policies or different types of structures governed by a patchwork of federal and state laws…more

Building Codes, Civil Authority Coverage, Hurricane Season, Insurance Claims, Insurance Litigation

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Timothy Engelbrecht

An Update on Artificial Intelligence and the Law

In May 2023, I was part of a panel that gave a presentation at the London Market Association’s Property Insurance Claims Group’s (PICG) Annual Conference. Part of our presentation addressed the rise of artificial intelligence…more

Artificial Intelligence, Health Insurance, Machine Learning

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Vincent Fernandez

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

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

Declaratory Judgments, Florida, Insurance Claims, Insurance Industry, Insurance Litigation

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Scott Frank

Is Arizona The Beginning Of The End For Peremptory Challenges?

On August 30, 2021, the Arizona Supreme Court instituted a landmark rule change that made Arizona the first state in the country to abolish the use of peremptory challenges in criminal and civil trials. Challenges to potential…more

AZ Supreme Court, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Jury Selection, Litigation Strategies

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Richard Gable Jr.

Pennsylvania Supreme Court declines to automatically decide questions of insurance coverage for Covid-19

The Joseph Tambellini Restaurant in Pittsburgh, Pennsylvania recently filed an Emergency Application for Extraordinary Relief to the Pennsylvania Supreme Court pursuant to the Extraordinary jurisdiction statute of 42 Pa.C.S. §…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Litigation, PA Supreme Court

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John Garaffa

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. The proposed endorsement addresses what are often discussed as the…more

Department of Insurance, Endorsements, Florida, Insurance Litigation, Insurance Reform

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Ryan Garrett

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. Both cases involved appeals from summary judgment orders in bad faith…more

Bad Faith, Bodily Injury, Car Accident, Insurance Claims, Insurance Litigation

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T. Nicholas Goanos

Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem…more

Consumer Insurance Products, Denial of Insurance Coverage, GA Supreme Court, Georgia, Insurance Claims

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Christian Gonzalez-Rivera

Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer Exclusive of Fees to Specify Amount of Plaintiff’s Attorney’s Fees Excluded

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it…more

Attorney's Fees, Breach of Contract, Damages, Denial of Insurance Coverage, Insurance Claims

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Roman Harper

A Brief Refresher On Appraisal In North Carolina, South Carolina, And Georgia

Most first party property coverage policies contain an appraisal provision that allows either the insured or the insurer to make a written demand for appraisal when the parties agree that covered property was damaged by a…more

Appraisal, Condition Precedent, First-Party Coverage, Impartiality, Insurance Adjusters

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Kristina Harris

Confined to the Four Corners by the Rules of Contract Interpretation

A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company - The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and expectations…more

Commercial Insurance Policies, Contract Interpretation, Insurance Claims, Insurance Litigation, Policy Exclusions

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Scott Hefner

Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule

A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease…more

Appeals, Co-Insured Issues, Collateral Source Rule, Fire Damage, Fire Insurance

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Ryan Hilton

Florida Law Catches Up to Stalking Drones

In 2015, Dan Mouneimne’s stepdaughter sat outside a downtown Tampa bar when she noticed a drone hovering around her. She fled to her car, and it followed her and crashed on top of her car. The Tampa Police Department told Mr…more

Drones, Emotional Distress Damages, Florida, Injunctive Relief, Privacy Concerns

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Brian Hohman

The Water Damage Endorsement Does Not Include “Tear Out” Cost in Cast Iron Pipe Claims

Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that water leaks out, causing a loss. The Fifth District Court of Appeal recently addressed this same fact…more

Endorsements, Insurance Claims, Insurance Litigation, Property Damage, Property Insurance

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J. Blake Hunter

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

A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy…more

Florida, Insurance Claims, Insurance Litigation, Insurance Regulations, Medical Reimbursement

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Aaron Jacobs

Subro Sense - The ABC's of RCV and ACV

Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”),…more

Cash Value, Denial of Insurance Coverage, First-Party Coverage, Insurance Adjusters, Insurance Claims

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Zachary Jett

The Rule of Sevens: Evaluating Claims Involving a Child

As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the property damage. For example, is a child playing with matches or a lighter liable for a fire loss? …more

Insurance Claims, Insurance Industry, Minor Children, Negligence, Property Damage

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Hudson Jones

Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible for his or her own attorney’s fees, regardless of the outcome of the action. See…more

Contingency Fees, Denial of Insurance Coverage, Fee-Shifting, FL Supreme Court, Homeowner's Insurance

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Tracy Jurgus

The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers

Model-aircraft hobbyist John Taylor didn’t want to register his model aircraft with the FAA pursuant to the newly created drone registry. So he took on the FAA, challenging new regulations aimed at unmanned aircraft registration…more

Airspace, Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA)

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Scott Katz

Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured retentions. In City of Asbury Park v. Star Insurance Company, a case of first impression in New Jersey,…more

Deductibles, Insurance Claims, Insurance Litigation, Joint Tortfeasors, Made Whole Doctrine

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Thomas Keller

What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory…more

Assignment of Benefits (AOB), Florida, Hurricane Season, Insurance Adjusters, Insurance Claims

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D. Grayson

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs. Though many of these claims were legitimate, enterprising…more

Denial of Insurance Coverage, Florida, Hurricane Season, Insurance Claims, Insurance Regulations

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David Krouk

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v…more

Auto Insurance, Bad Faith, Bodily Injury, Car Accident, GEICO

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Matthew Lavisky

Wind v. Flood in the Wake of Hurricane Ian

In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state. The storm brought with it significant storm surge that caused substantial flooding. The storm also was accompanied by…more

Flood Insurance, Flooding, Hurricane Season, Insurance Claims, Insurance Litigation

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Patrick Lindley

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

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

Insurance Claims, Insurance Litigation, Property Damage, Statute of Limitations, Subrogation

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William Linero Jr.

Dial v. Calusa Palms Master Association, Inc. - Florida Supreme Court Confirms Only Amounts Actually Paid By Medicare Are Admissible As Evidence Of Past Medical Expenses

On April 28, 2022, the Florida Supreme Court issued its decision in Dial v. Calusa Palms Master Association, Inc., which addressed the question: DOES THE HOLDING IN JOERG V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 176…more

Compensatory Damages, Evidence, FL Supreme Court, Insurance Claims, Insurance Litigation

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David Maldoff

Wind v. Flood in the Wake of Hurricane Ian

In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state. The storm brought with it significant storm surge that caused substantial flooding. The storm also was accompanied by…more

Flood Insurance, Flooding, Hurricane Season, Insurance Claims, Insurance Litigation

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Adam Masef

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 under a policy insuring a…more

Consumer Insurance Products, Homeowner's Insurance, Insurance Claims, Insurance Litigation, Insurance Regulations

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Kimberly Matot

Analyzing AOBs: Are the Courts Splitting Hairs or Seeking Statutory Compliance?

So many things in life can be randomly assembled and made to function seamlessly: puzzle pieces for your five-year-old, online gaming teammates, and music mixed by a deejay, to name a few…more

Assignment of Benefits (AOB), Florida, Insurance Claims, Insurance Litigation, Insurance Regulations

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Kathy Maus

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

A plethora of litigation exists in Florida’s state and federal courts regarding the amounts an insurance carrier must reimburse a medical provider for personal injury protection (PIP) benefits. Such challenges carry a heavy…more

Florida, Insurance Claims, Insurance Litigation, Insurance Regulations, Medical Reimbursement

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Jamal McBroom

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), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a…more

Attorney's Fees, Consumer Insurance Products, Florida, Insurance Claims, Insurance Litigation

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Michael Montgomery

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), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a…more

Attorney's Fees, Consumer Insurance Products, Florida, Insurance Claims, Insurance Litigation

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Shaheen Nouri

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

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

Florida, Homeowner's Insurance, Homeowners, Insurance Claims, Insurance Industry

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Jamie Combee Novaes

Insurer Doesn’t “Waive” Goodbye To Coverage Defenses By Making A Payment

Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of policy…more

Car Accident, Consumer Insurance Products, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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Julius Parker III

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 opinion, which was issued on August 13,…more

Additional Insured Endorsements, Consumer Insurance Products, Insurance Claims, Insurance Litigation, Policy Terms

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Matthew Peaire

Florida’s Tort Reform and its Impact on Subrogation

HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis…more

Comparative Negligence, Florida, Insurance Reform, Insurance Regulations, Negligence

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Kimberly Ramey

Proposed Amendment to Florida Statutes Creates Right of Contribution for Defense Costs

The Florida Legislature recently created a new cause of action for contribution among co-primary liability insurers. Under this new law, a liability insurer who defends an insured may file suit against other insurers asserting…more

Cause of Action Accrual, Contribution Claims, Insurance Litigation, Legislative Agendas, Liability Insurance

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Dean Rauchwerger

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony on…more

Admissibility, Appeals, Bad Faith, Bodily Injury, Daubert Standards

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Justine Roof

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), joined Florida’s Fourth District…more

Consumer Insurance Products, Financial Services Industry, Florida, Insurance Litigation, Insurance Regulations

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Carol Rooney

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 with a claim.  Avatar Prop. & Cas…more

Hurricane Irma, Insurance Claims, Insurance Litigation, Natural Disasters, Policy Terms

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Fay Ryan

Claimants Can’t Have Their Cake and Eat it Too

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

Insurance Industry, Insurance Litigation, Judicial Estoppel, Liability Insurance, Misappropriation

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Michael Savett

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

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain…more

Bodily Injury, Dangerous Condition, Duty of Care, Insurance Claims, Insurance Regulations

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K. Clark Schirle

Seventh Circuit Affirms Judgment on the Pleadings for Insurer in Covid-19 Business Interruption Claim by Shopping Mall Food Court Restaurant

A victory was obtained in the case of Melcorp, Inc. v. West American Ins. Co., No. 21-2448 (7th Cir. June 8, 2022). The Seventh Circuit affirmed yet another trial court decision in favor of an insurer on a Covid-19 business…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Jason Seitz

Attorney Client Privilege and Work Product Protection: Brief Overview

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials…more

Attorney-Client Privilege, Discovery, Insurance Claims, Insurance Industry, Insurance Investigations

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Abaham Shakfeh

Sweeping Changes to Florida Rules of Civil Procedure

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

Affirmative Defenses, Case Management, Discovery, Florida, Jurisdiction

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James Shaw, Jr.

Florida Law Catches Up to Stalking Drones

In 2015, Dan Mouneimne’s stepdaughter sat outside a downtown Tampa bar when she noticed a drone hovering around her. She fled to her car, and it followed her and crashed on top of her car. The Tampa Police Department told Mr…more

Drones, Emotional Distress Damages, Florida, Injunctive Relief, Privacy Concerns

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Jessica Skarin

Butler's Thursday Tips #3 | Handling Business Loss Claims

Partner Jessica Skarin offers some tips on dealing with business loss claims for subrogation attorneys. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts …more

Business Interruption, Business Losses, Calculation of Damages, Insurance Claims, Insurance Industry

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Adam Topel

Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida Citizens

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a property insurance dispute involving Florida real property, even though the…more

Consumer Insurance Products, Florida, Hurricane Irma, Insurance Claims, Insurance Contracts

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Geoffrey Waguespack

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 - In a recently decided…more

Additional Insured, Builders Risk Insurance, Commercial Insurance Policies, Construction Project, Equitable Subrogation

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L. Andrew Watson

Hurricane Florence is aiming for the Carolinas

Hurricane Florence is rapidly intensifying into a major hurricane, and is expected to make landfall later this week in North Carolina and South Carolina. The storm surge, destructive winds and rainfall flooding are expected to…more

Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters, Policy Terms

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Michael Wolfer

New York Court Emphasizes the Importance of Notice in Subrogation

An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the…more

Insurance Claims, Insurance Litigation, Insurance Regulations, Settlement, State Farm

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Samantha Wuschke

Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion

Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability…more

Breach of Contract, Construction Defects, Construction Disputes, Construction Managers, Consumer Insurance Products

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Henris Zaimaj

Putting the Cart Before the Horse: The New Florida Appraisal Landscape

As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim…more

Appraisal, Denial of Insurance Coverage, FL Supreme Court, Insurance Claims, Insurance Litigation

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