Legal Articles: Butler Pappas Weihmuller Katz Craig LLP

 







Document(s) published by this organization: 12


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HTMLRecent Decision of the Supreme Court of Florida
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
April 8, 2014, previously published on April 7, 2014
We wanted to take the opportunity to inform you of a major change in Florida law which has eliminated the statutory caps for non-economic (pain and suffering damages) in medical malpractice cases resulting in death. On March 13, 2014, the Supreme Court of Florida, in Estate of McCall v. U.S. 2014...

 

HTMLThe "Structural Damage" Requirement for "Sinkhole Loss" in Florida: Conflict Within The Federal District Court for the Middle District of Florida
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
October 8, 2013
The threshold for sinkhole loss in Florida has been at issue since the Florida Legislature attempted to limit such claims in 2005 by changing the definition of "sinkhole loss" Florida Statute 627.706 from "actual physical damage to the property" to "structural damage to the...

 

HTMLRemoval Not Barred By Thirty-Day Time Limits
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
August 21, 2013, previously published on August 16, 2013
The United States Court of Appeals for the Ninth Circuit held that the two thirty-day removal time limits set forth in 28 U.S.C. § 1446(b)(1) and (b)(3) are merely procedural limitations that would be triggered only in cases where the defendant receives an "initial pleading" or...

 

HTMLPIP Insurers May Not Calculate Benefits Based on Medicare Fee Schedules Unless Policies Limit Reimbursement to Scheduled Amounts
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
July 26, 2013, previously published on July 15, 2013
The Supreme Court of Florida held that a PIP insurer may not limit reimbursement based on the Medicare fee schedules identified in section 627.736(5)(a)2, Florida Statutes (2008), unless the insurer provided notice in its policy of an election to use the permissive Medicare fee schedules as the...

 

HTMLInsurer Cannot Condition Pip Benefits On Insured's Attendance at EUO
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
July 12, 2013, previously published on July 9, 2013
Under Florida's No-Fault Law, section 627.736, Florida Statutes (2008), an insurer cannot require an insured to attend an examination under oath ("EUO") as a condition precedent to recovery of personal injury protection ("PIP") benefits. Any such condition is invalid and...

 

HTMLAlternative Fee Recovery Clause' Is Enforceable
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
July 12, 2013, previously published on July 9, 2013
The Supreme Court of Florida held that a fee agreement setting forth an "alternative fee recovery clause" (with an hourly rate alternative) is enforceable against third parties. The clause—which was part of a fee agreement between a liability insurer and counsel retained by the...

 

HTMLNorth Carolina Supreme Court Rules Disclosure of Information to Prosecutor is Not Malicious Prosecution
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
July 8, 2013, previously published on July 3, 2013
A fire insurer initiated a declaratory judgment action to determine its liability for fire damage in the aftermath of a house fire in which arson was suspected. The insureds, Mr. and Ms. Volpe, and corporate owner of the house asserted several counterclaims including malicious prosecution. During...

 

HTMLFlorida Limits Economic Loss Rule to Products Liability
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
July 4, 2013, previously published on June 27, 2013
A condominium association sued its insurance broker in federal district court under contract and negligence causes of action based on the broker's alleged failure to secure sufficient insurance coverage for damages caused by hurricanes Frances and Jeanne. The district court granted summary judgment...

 

HTMLCGL Insurer Required to Hire Separate Counsel for Co-Defendants in Negligence Suit
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
July 1, 2013, previously published on June 18, 2013
An additional named insured under a commercial general liability ("CGL") policy was entitled to indemnification for the attorney fees and costs it incurred after it retained its own counsel and rejected the insurer's offer to provide a single defense counsel to represent both the...

 

HTMLAny Misrepresentation in Policy Application May Void Policy
Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
June 21, 2013, previously published on June 17, 2013
Under the terms of the homeowners' insurance policy and applicable Florida law, any misrepresentation-even an innocent one-made by the insured on the policy application may serve as a basis for voiding the policy; the insurer need not prove that the insured made the misrepresentation with an intent...

 


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