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Butler Legal

@_ButlerLegal

Butler, a civil litigation firm devoted entirely to defense and insurance litigation. https://teapaw.org/t.co/5o1cGwCg7M #insurancedefense

 Tampa, FL 33602
butler.legal
Joined July 2012
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Indiana Appeals Court Upholds Insurers’ Denial of Warehouse Fire Claim Over Sprinkler Notice Requirement jdsupra.com/legalnews/indian…
Indiana Appeals Court Upholds Insurers’ Denial of Warehouse Fire Claim Over Sprinkler Notice...

Indiana Appeals Court Upholds Insurers’ Denial of Warehouse Fire Claim Over Sprinkler Notice...

The Indiana Court of Appeals has ruled that a group of insurers properly denied coverage for the destruction of an Evansville warehouse after the property owner failed to comply with a key policy...

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No-Fly Lists and Federal Preemption: What Figueroa v. JetBlue Means for Airline Litigation in the Eleventh Circuit jdsupra.com/legalnews/no-fly…
No-Fly Lists and Federal Preemption: What Figueroa v. JetBlue Means for Airline Litigation in the...

No-Fly Lists and Federal Preemption: What Figueroa v. JetBlue Means for Airline Litigation in the...

When a passenger sues an airline in state court, one of the first questions the airline’s lawyers ask is whether federal law makes the case disappear. A recent unpublished decision from a federal...

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Short Circuit: Subrogation Challenges in North Carolina Utility Outage Claims jdsupra.com/legalnews/short-…
Short Circuit: Subrogation Challenges in North Carolina Utility Outage Claims

Short Circuit: Subrogation Challenges in North Carolina Utility Outage Claims

When the power goes out and a policyholder’s property is damaged, insurers want to know whether the utility can be held responsible. Under North Carolina law, the answer is often “it depends on...

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Florida Supreme Court Adopts Key Amendments to Appellate Procedure jdsupra.com/legalnews/florid…
Florida Supreme Court Adopts Key Amendments to Appellate Procedure

Florida Supreme Court Adopts Key Amendments to Appellate Procedure

The Florida Supreme Court has adopted several amendments to the Rules of Appellate Procedure that will affect appellate practitioners across the state. The amendments, which take effect on...

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

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

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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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

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

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

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”

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...

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

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...

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...

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...

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

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

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?

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?

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

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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