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Butler Legal @_ButlerLegal
Joined July 2012
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Collapse Coverage in First-Party Property Cases jdsupra.com/legalnews/collap…

Collapse Coverage in First-Party Property Cases

What is considered a covered “collapse” under a homeowner’s policy? One Florida appeals court recently addressed this question in Escobar v. Citizens Prop. Ins. Corp., No. 3D24-1234, 2026 WL...

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Collapse Coverage in First-Party Property Cases jdsupra.com/legalnews/collap…

Collapse Coverage in First-Party Property Cases

What is considered a covered “collapse” under a homeowner’s policy? One Florida appeals court recently addressed this question in Escobar v. Citizens Prop. Ins. Corp., No. 3D24-1234, 2026 WL...

jdsupra.com
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Time Bar on Vicarious Liability Claim Satisfies Adjudication Requirement of Exoneration Rule jdsupra.com/legalnews/time-b…

Time Bar on Vicarious Liability Claim Satisfies Adjudication Requirement of Exoneration Rule

Even in the absence of active negligence, entities may be vicariously liable under Florida law for the actions of others. Two common examples of this are the dangerous instrumentality doctrine,...

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Decoding the Number of “Occurrences”: Florida’s Insurance Puzzle in Mass-Injury Cases jdsupra.com/legalnews/decodi…

Decoding the Number of “Occurrences”: Florida’s Insurance Puzzle in Mass-Injury Cases

As the world confronts more mass shootings, these tragic events leave courts continuing to confront their effects on insurance coverage. A federal appeals court in Florida recently addressed the...

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Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits jdsupra.com/legalnews/don-t-…

Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits

Florida’s First District Court of Appeals delivered a clear warning to policyholders and their counsel in Bailetti v. Universal Property & Cas. Ins. Co., — So. 3d —, 2025 WL 2845101 (Fla. 1st DCA...

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If It Ain’t Broke, Don’t Fix It: When an Equipment Breakdown Isn’t Actually a “Breakdown” jdsupra.com/legalnews/if-it-…

If It Ain’t Broke, Don’t Fix It: When an Equipment Breakdown Isn’t Actually a “Breakdown”

Many industrial companies often purchase commercial insurance policies with equipment breakdown coverage to guard against damage to their valuable equipment and protect against the associated...

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Avoiding Confession of Judgment: Indemnity Payments After a CRN and Lawsuit but Before Service of the Lawsuit jdsupra.com/legalnews/avoidi…

Avoiding Confession of Judgment: Indemnity Payments After a CRN and Lawsuit but Before Service of...

In a series of recent consolidated cases, the Fourth District Court of Appeal addressed the issue of whether an indemnity payment made after a lawsuit is filed constitutes a confession of...

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Recovering Premiums After Policy Audits: A Practical Guide for Insurers jdsupra.com/legalnews/recove…

Recovering Premiums After Policy Audits: A Practical Guide for Insurers

Premium audits are essential tools for ensuring that insurers are properly compensated for the risks they underwrite. Most commercial liability and workers’ compensation policies...

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Separating Fact from Opinion: Documents Demonstrating the Claimant’s Desire to Settle Within Policy Limits are Discoverable in Bad Faith Litigation jdsupra.com/legalnews/separa…

Separating Fact from Opinion: Documents Demonstrating the Claimant’s Desire to Settle Within Policy...

In bad faith litigation, much in a claim file may be subject to disclosure. While not as frequently contested, a Florida court recently reinforced the same holds true for a...

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Should I Stay or Should I Go: The Clash Between Filing an Independent Subrogation Action and Intervening in an Existing Action jdsupra.com/legalnews/should…

Should I Stay or Should I Go: The Clash Between Filing an Independent Subrogation Action and...

As subrogation counsel, we often encounter situations where there is already active subrogation litigation when an assignment is received from insurer clients. In such scenarios,...

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Timing is Everything: Changes to Florida’s ‘Proposal for Settlement’ Rule Inapplicable to Proposals Made Before the Rule Changes Became Effective jdsupra.com/legalnews/timing…

Timing is Everything: Changes to Florida’s ‘Proposal for Settlement’ Rule Inapplicable to Proposals...

Proposals for settlement are a litigation tool highly favored by Florida courts to resolve cases. They are governed by section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442.

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Governmental Immunity and Your Subrogation Claim in Texas: Navigating the Texas Tort Claim Act jdsupra.com/legalnews/govern…

Governmental Immunity and Your Subrogation Claim in Texas: Navigating the Texas Tort Claim Act

Property insurers are often frustrated when damage occurs due to the actions of others, especially when a governmental agency is at fault. In the Lone Star State, the Texas Tort Claim Act (TTCA)...

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Florida Supreme Court Clarifies Discovery Requirements and Procedures jdsupra.com/legalnews/florid…

Florida Supreme Court Clarifies Discovery Requirements and Procedures

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.280(f) to clarify the timing of initial disclosures and discovery procedures. In re Amendments to Florida Rule of...

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North State Deli: A New Outbreak of COVID-19 Litigation? jdsupra.com/legalnews/north-…

North State Deli: A New Outbreak of COVID-19 Litigation?

Civil-authority “stay-at-home” orders issued in the wake of the COVID-19 pandemic were just one layer of the outbreak’s sweeping impact on people and businesses worldwide. The...

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North State Deli: A New Outbreak of COVID-19 Litigation? jdsupra.com/legalnews/north-…

North State Deli: A New Outbreak of COVID-19 Litigation?

Civil-authority “stay-at-home” orders issued in the wake of the COVID-19 pandemic were just one layer of the outbreak’s sweeping impact on people and businesses worldwide. The...

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HB 1551 is Bad for Florida jdsupra.com/legalnews/hb-155…

HB 1551 is Bad for Florida

Sometimes, a bill comes clad in sheep’s clothing. But to borrow words from Justice Scalia, “this wolf comes as a wolf.” For decades, Florida was in an insurance crisis.

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Amended Florida Rules of Civil Procedure Now in Effect jdsupra.com/legalnews/amende…

Amended Florida Rules of Civil Procedure Now in Effect

The start of the new year has brought changes to Florida’s civil practice. In June 2024, the Florida Supreme Court issued proposed amendments to the state’s Rules of Civil Procedure, which we...

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Exciting news! Tampa Partner Carol Rooney was featured in the ABA's October 2024 TIPS Member Spotlight for her dedication to supporting fellow TIPS members. Congratulations, Carol! Click here to learn more: butler.legal/carol-rooney-fe… #TIPS #ABA #LegalExcellence #ButlerLegal
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Butler Partners Geoffrey Waguespack, Zach Jett, George McMullin, and Hobie Hind are presenting at the NASP 2024 Annual Conference in Phoenix, AZ, from October 27-30. Links in bio. #ButlerLegal #NASP #Subrogation
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Important Recall Alert: Anker power banks and Colsen fire pits have been recalled due to fire hazards. Check your devices for safety details and avoid risks! Links in bio. #ButlerLegal #Recall #Subrogation
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