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

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

The Answers to Some of Your Questions About What Airlines Can Do When a Flight is Overbooked and Someone Is Going to Have to Get Off of the Plane

Suddenly, the entire world is interested in learning about the laws governing airlines’ actions when a flight is overbooked. It isn’t every day that the entire world suddenly wants to learn all about something that you’ve spent…more
 /  Commercial Law & Contracts, Insurance, Transportation

A Federal Court in Kentucky Shoots Down Drone Airspace Case

The Western District of Kentucky recently granted a motion to dismiss for lack of subject matter jurisdiction, determining that there is no federal question jurisdiction when a claim is brought for trespass to chattels and…more
 /  Business Torts, Civil Procedure, Civil Remedies, Privacy, Science, Computers, & Technology

Florida Supreme Court To Consider Rule Change Allowing Immediate Review Of Orders On Settlement Agreements

The Florida Bar Appellate Rules Committee has proposed to the Florida Supreme Court an amendment to the appellate rules that would allow immediate appeals of orders that determine if, “as a matter of law, a settlement agreement…more
 /  Civil Procedure

Nebraska Supreme Court Rules that an Insurer Can Depreciate Labor in Determining Actual Cash Value

Property policies typically provide, if there is coverage, that the insured can recover for the costs to repair or replace the property damaged by loss. But when an insured does not repair or replace the damaged property (or…more
 /  Commercial Law & Contracts, Insurance

Pennsylvania Superior Court adopts narrow interpretations of surface water exclusion and ensuing loss clause

In the Ridgewood Group LLC v Millers Capital Insurance Company, No. 1138 EDA 2016, February 27, 2017, the Superior Court of Pennsylvania analyzed two often troublesome policy provisions, the surface water exclusion and the…more
 /  Commercial Law & Contracts, Insurance

2017 Florida State Legislature to Consider Bills Aimed at Assignments of Benefits, Water Losses, Appraisers, and Umpires

The 2017 Florida Legislative Session convened on March 7. Of particular interest to property insurers are the following bills, which we are closely watching: SB 944, proposing licensing requirements upon appraisers and…more
 /  Commercial Law & Contracts, Elections & Politics, Insurance

Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It matters during discovery. It even matters after summary judgment. Jurisdiction matters because federal courts are…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts, Insurance

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
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Privacy, Science, Computers, & Technology

New Medicare Conditional Payment Case: Federal Court Requires CMS To Perform Surgery On Its Primary Plan Reimbursement Demands

Doctors often treat Medicare beneficiaries for accident related injuries (for which a “primary” auto or workers’ compensation carrier must reimburse Medicare) and unrelated maladies at the same visit. Billing for the visit cites…more
 /  Commercial Law & Contracts, Health, Insurance

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance
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