Butler Weihmuller Katz Craig LLP

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400 N. Ashley Drive
Suite 2300
Tampa, Florida 33602, United States
Phone: (813) 281-1900
Fax: (813) 281-0900
Areas of Practice
  • Appellate Practice
  • Construction Law
  • Insurance
  • International Law & Trade
  • Labor & Employment Law
  • Products Liability
  • Professional Malpractice
  • Transportation
Locations
Other U.S. Locations
  • Alabama
  • Florida
  • Illinois
  • North Carolina
  • Pennsylvania
  • Texas
Number of Attorneys
100+ Attorneys

The ABC's of ACV in Subrogation Claims

Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash…more
 /  Commercial Law & Contracts, Insurance

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In Favor Of The Plaintiff Under An Automobile Liability Policy In Macedo II

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go…more
 /  Civil Remedies, Commercial Law & Contracts, Insurance

Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed

For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith” even if there is no coverage; they may be required to pay an insured’s attorney’s…more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.

Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do you have a choice? Earlier this year, the Florida supreme court raised a red flag on the new…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim to American Home contending construction deficiencies had allowed water to enter…more
 /  Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

That Sinking Feeling: Sinkholes, Florida Law, and Some Questions Raised by The Recent Collapse in Land O' Lakes

The recent catastrophic ground cover collapse in Land O’Lakes attributed to a sinkhole highlights the unique aspects of Florida geology and the impact it can have on the risks faced by building owners and their insurers. In…more
 /  Commercial Law & Contracts, Insurance, Real Estate - Residential

Subrogation Following a Hurricane is All Hands on Deck

Hurricane season began June 1st, and runs through November 30th. However, we are about 30 days from approaching the peak of hurricane season, when the season becomes its most active. Weather predictors are predicting an…more
 /  Commercial Law & Contracts, Insurance, Real Estate - Residential

New Laws passed in Florida and Oregon add to Varying State Drone Regulations

Florida and Oregon have both recently changed their Unmanned Aircraft Systems “UAS” (or “drone”) regulations, joining the vast majority of states looking to protect their residents through the use of their police power. …more
 /  Administrative Law, Privacy, Science, Computers, & Technology

Ransomware is taking the world by storm; does insurance respond?

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more to come. The first, named WannaCry, began May 12, and quickly spread to over 400,000 machines, the vast majority…more
 /  Commercial Law & Contracts, Communications & Media Law, Privacy, Insurance, Science, Computers, & Technology

Earth Movement: "Any" Means Any; Home-Owners Insurance Company v. Dominic F. Andriacchi (Michigan Court of Appeals)

Property policies typically include an exclusion for loss caused by or resulting from earth movement. Some insurers will provide coverage for earth movement, but that coverage will usually have a sub-limit. For years, courts…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review

For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in the underlying UM claim, everyone assumed the jury verdict was binding in the bad faith action. Then, Bottini v. GEICO…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

Florida's Third District Court of Appeals provides a warning: When insureds communicate about their policy needs, agents better listen and communicate back or insurance companies could be left holding the bag in a negligent procurement action

In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017), the Third District Court of Appeals reversed the lower court’s fourth dismissal of Kendall South…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

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
 /  Administrative Law, Commercial Law & Contracts, Insurance, Privacy, Science, Computers, & Technology

Insurance Proceeds Payable To Tenant Diverted To Pay For Property Owner's Back Taxes

The Third Circuit Court of Appeals sitting in Pennsylvania recently issued a precedential decision that interpreted the definition of a “named insured” under a tax delinquency statute to encompass tenants of a property even…more
 /  Commercial Law & Contracts, Insurance, Real Estate - Commercial, Taxation

Supreme Court says lawyer's referral of client to a doctor for treatment is attorney-client privileged communication, and out of bounds in discovery

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose that her attorney had referred her to a doctor for treatment. In Worley v…more
 /  Civil Procedure, Commercial Law & Contracts, Health, Insurance
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