Unwavering, dedicated and bold, Jessica Skarin is a Subrogation and Coverage Attorney who gets things done. She knows that there is no such thing as a “one size fits all” way to handle a file, and clients relish Jessica’s ability to tailor her work to better suit their needs. Jessica’s practice involves large losses of all types including product liability claims, fire and flood damage, and construction defects. Her experience includes unique losses such as a seven figure settlement in a claim involving damages allegedly caused by the improper sale of receivership assets following bankruptcy proceedings. She also works high profile cases and obtained a summary judgment (affirmed on appeal) involving the interpretation of an insurance policy for the World Trade Center Towers on 9/11. Whether it is jumping to investigate a recent loss or preparing persuasive legal arguments, clients believe in Jessica’s ability to handle every element of the case seamlessly.
A young achiever, Jessica always knew she’d become an attorney. She can’t remember a time where she wasn’t questioning the status quo, pulling together a team, or drumming up the perfect strategy to achieve her goals effectively. Equipped with a strong “let’s move mountains” work ethic, Jessica values the client’s partnership and strives to go above and beyond every step of the way.
A seasoned author, Jessica’s work can be found in several publications such as CLM Magazine, The Subrogator, and the Insurance Law Library Edition. She also speaks on several occasions regarding Subrogation topics at conferences for Claims Litigation Management and the National Association of Subrogation Professionals.
Outside of work, Jessica uses her hands-on approach in her neighborhood and community. Her volunteer history includes work at her local Habitat for Humanity Re-Store. Recently, she’s helped combat hunger by collecting and sorting food for a Texas food bank. She also has a passion for supporting local libraries and is part of the “Friends of the Library” initiative.
January 27, 2017 PUBLICATION When Pipes Go Pop
Although we may not see the historic low temperatures associated with the polar vortex of 2014, the winter season always brings with it an influx of freeze-related claims. Notably, the involvement of Mother Nature does not automatically preclude a subrogation recovery, and these types of claims should be triaged promptly and efficiently in order to avoid overlooking subrogation potential.
October 11, 2016 PUBLICATION Hold on to Your Recoveries so They Don’t Spoil
The phrase spoliation of evidence invokes thoughts of discarded pipes and compromised fire scenes. Even the greenest of first party adjusters and subrogation professionals are quick to ask an insured if the physical artifacts related to a loss are still available. Given that most documents are now transmitted and stored electronically, the potential for spoliation of evidence exists not only with physical artifacts, but also with the preservation of documents and electronically stored information ( ESI ). In order to prevent a claim of defense alleging the spoliation of evidence, adjusters and subrogation professionals should be implementing litigation holds for all claims where subrogation is pursued.
October 10, 2016 PUBLICATION Who, What, When, and How Much? Key Questions to Ask When Faced With a Potential Sovereign Immunity Defense
With each new claim we navigate a myriad of potential obstacles to recovery. As subrogation professionals, we work to quickly identity these issues and evaluate the best recovery strategy. In doing so, some obstacles may first appear insurmountable, but later give way to the ever diligent subrogation professional. One such obstacle is the concept of sovereign immunity.
December 17, 2015 PUBLICATION Introduction to Insurance Subrogation
Published by LexisNexis, Appleman on Insurance has long been considered a comprehensive resource in the field of insurance law. It is showcased by LexisNexis as an “authoritative analyses of insurance law across the nation with insights provided by expert practitioners and scholars. . . . ”
December 01, 2014 PUBLICATION The Only Thing We Have To Fear Is Spoliation Itself... and Sanctions: How Spoliation Can Erode, or Even Destroy, the Potential for Recovery
Successful subrogation recoveries generally start with proper documentation and preservation of the relevant evidence. For this reason, every effort should be made to involve a subrogation professional at the earliest possible moment following a loss. However, early involvement is not always plausible. Additionally, at times, the circumstances surrounding the loss simply do not allow for the desired preservation of evidence. When the relevant evidence is not sufficiently documented or preserved, a claim for recovery is likely to be met with a spoliation defense.
June 26, 2014 PUBLICATION The Language Was Not Enough: Florida Supreme Court Holds that the Standard Transfer of Rights Provision Does Not Abrogate the Made Whole Rule
The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to the Florida Supreme Court. In its recent opinion, the Florida Supreme Court clarified that a basic transfer of rights provision, without more, does not give the insurer a right of priority. Under such circumstances, priority of recovery remains dictated by Florida’s common law made whole doctrine.
December 01, 2013 PUBLICATION Proving Lost Profits In a Subrogation Case: It’s No Easy Matter
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.
As subrogation professionals, it is sometimes easy to overly focus on the liability issues in each case, leaving a thorough damages analysis for another day. However, it is a better practice to perform a complete evaluation of the legally recoverable damages early during the subrogation investigation, so that the true value of the claim can be ascertained and relayed to the subrogating insurer. This is especially so in cases where the business interruption portion of the loss is significant, since an error in proper quantification of the recoverable portion of the business interruption loss could dramatically change the overall valuation of a case -- both for settlement and trial purposes.
June 26, 2013 PUBLICATION Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims
In an advantageous decision for the subrogation industry, the Florida Supreme Court recently narrowed the scope of the economic loss rule, and limited the rule’s application to only cases involving products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances when the damages incurred are wholly economic, and there is no other property damage or personal injury. Although inexplicably expanded over time, the recent decision curtails the expansive definition and returns Florida’s economic loss rule to its historical roots.
October 14, 2015 WEBINARS SPECIAL DELIVERY: WHAT TYPE OF PACKAGE DOES THE FIRST PARTY ADJUSTER DELIVER TO YOUR SUBROGATION DEPARTMENT?
This webinar will discuss the important role that the first party adjuster plays in the subrogation process.
June 14, 2018 COMMUNITY CTRL Your Future
For the third year in a row, Butler Weihmuller Katz Craig has spread some end of the school year cheer to seniors in eight different locations. Butler’s annual CTRL Your Future essay contest was created by the Firm’s Community Service Committee to recognize deserving high school seniors who have exhibited commitment to their academics. The winners in each city received a brand-new laptop with a full Microsoft Office Suite installed to assist them in their studies in the fall.
November 21, 2017 COMMUNITY Butler Builds a Future for Families with Habitat for Humanity
Butler Weihmuller Katz Craig employees volunteered their time to build homes, furniture, and shelves for Habitat for Humanity, an organization that has helped place over 800,000 people in homes throughout the nation.
November 09, 2018 EVENT Paying It Forward in the Subrogation Context: A Discussion of How Safety, Diversity, and Professionalism Impact Your Business and Your Recoveries
Jessica Skarin will be presenting at the CLM Southeast Conference on the topic Paying it Forward in the Subrogation Context on November 8, 2018.
November 03, 2017 EVENT 2017 CLM Southeast Conference - Hot Off the Press: A Look at the 2017 NFPA 921
Jessica Skarin from Butler Weihmuller Katz Craig presented in Atlanta, Georgia at the 2017 CLM Southeast Conference on the topic of Hot Off the Press: A Look at the 2017 NFPA 921 .
June 23, 2016 EVENT Special Delivery: What Type of Package Does The First Party Adjuster Deliver To Your Subrogation Department?
2016 CLM Midwest (Subrogation) Conference
November 05, 2014 EVENT Butler Subrogation & Recovery Webinar
Is Your Claim Undermined Because Your Target is Underwater? - What To Do When Your Recovery Target Files for Bankruptcy
November 03, 2013 EVENT NASP’s 2013 Annual Conference
The Made Whole Rule in Property Subrogation Cases: Lessons Learned from the World Trade Center Litigation
March 08, 2018 NEWS International Women’s Day
Leadership is about making others better as a result of your presence and making sure that impact lasts in your absence.
March 14, 2016 NEWS JESSICA SKARIN SELECTED AS RECIPIENT OF THE BUTLER STEP AWARD
Butler is a collection of people who are hard working and dedicated. Combine those traits with “creative” and “multi-faceted” and you have the Quality Committee’s next Butler STEP Award recipient - Jessica Skarin.