Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute. In Buis v....more
A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.
In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a...more
Submitting a proof of loss using a carrier’s approved proof of loss form may be a mandatory post-loss obligation when invoking appraisal in commercial claims. The U.S. District Court for the Middle District of Florida...more
The Florida Office of Insurance Regulation has issued an important memorandum to the insurance industry about the new Florida law that requires each authorized residential property insurer to submit, annually, an attestation...more
The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole...more
A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company -
The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and...more
“If you and we fail to agree on the amount of loss, either party can demand that the amount of the loss be set by appraisal. . . . [e]ach party will select a qualified, disinterested appraiser[,]” is a phrase known all too...more
On December 16, 2022, Florida’s Governor signed Senate Bill 2A into law, bringing a number of changes to Florida’s insurance litigation landscape. These reforms include an amendment to the Florida law governing offers of...more
A “Q&A” ON VIRTUAL MEDIATIONS IN FIRST-PARTY PROPERTY LAWSUITS -
Q: Why is mediation used so frequently in insurance lawsuits?
A: Mediation has always played a large role in resolving first-party property claims. ...more
Join attorney Shaheen Nouri as he gives three helpful tips on successful mediation for First-Party claims....more
Attorney Shaheen Nouri offers some tips on staying on top of cases for First-Party Coverage and Extra-Contractual matters. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts...more
Florida courts continue to refine the roles and limitations of appraisers in Florida property claims. Florida’s Fifth District Court of Appeal recently held that a public adjuster cannot serve as a disinterested appraiser...more
A recent ruling in a U.S. District Court in Missouri may suggest a new path for policy exclusions based on “continuous or repeated seepage or leakage of water.” The Court rejected the argument that the continuous or repeated...more
Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect to appraisers and the appraisal process as a whole. ...more
8/14/2019
/ Appraisal ,
Breach of Contract ,
First-Party Coverage ,
Hurricane Irma ,
Insurance Claims ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
State Farm
The topic of proposals for settlement in Florida is a dynamic one. Florida courts continue to shape and refine the landscape of proposals and offers in civil litigation. On April 26, 2019, Florida’s Second District Court of...more
Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement, the complaint is considered served on the insurer when process is served upon the statutory...more