The litigation ensuing from the catastrophic events of 9/11 highlighted the importance of addressing “Made Whole” considerations when evaluating subrogation claims. Butler’s Managing Partner, Scott Katz and Partner, Jessica Skarin join host, Aaron Jacobs to share four critical Made Whole Rule lessons to be learned from the World Trade Center litigation. *This podcast has been hosted by Butler, and is not intended to, nor does it, ... Read more
Please join Carol as she presents her second episode of the 2019 Appellate Series, “Federal Appeals in Florida and Texas.” This episode provides an overview of the federal appellate process with an emphasis on the appellate circuits governing Florida (11th Cir.) and Texas (5th Cir.) Pertinent local rules, procedures, and strategies for pursuing or defending an appeal in federal court are discussed – and notable recent cases of the ... Read more
There are many critical factors that must be considered when drafting or reviewing a proposed subrogation release. For example, many insurers are reluctant to agree to any indemnity, hold harmless, or confidentiality provision in a release, which are commonly requested by a settling defendant. On this episode of Subro Sense, Aaron Jacobs with guest speaker, Matthew Freiman of Craig/is Ltd, will explore potential difficulties that m... Read more
Carol Rooney presents her first appellate podcast for 2019 – Interlocutory Appeals, Cross-Appeals and Appellate Stays
Join Aaron Jacobs and guest speakers, Ying Tse of McLarens and Lisa Weinstein of Southport Financial Services, Inc. , as they discuss methods of coordinating insured's deductible and uninsured loss from a client's perspective.
Host Aaron Jacobs discusses mediation techniques with guest Gerald Albrecht.
Please join Carol for her third installment of the 2018 Appellate Webinar Series, “Appellate Issues at Trial.” Carol will cover common appellate preservation issues that occur pre, during and post-trial under Florida and Texas law. This webinar will provide attendees with an overview of the means and methods of ensuring that critical issues are preserved for appeal.
Appellate Standards of Review Under Florida and Texas Law by Carol Rooney
Lawsuits for First-Party Property bad faith present unique challenges to Florida insurers. In Part Two of this webinar series, we will discuss common issues insurers face when defending these lawsuits. We will explore allegations commonly made by insureds and their attorneys to support bad faith lawsuits, the damages recoverable by a successful plaintiff, discovery, and strategies for defending against these lawsuits.
The webinar will provide a comprehensive overview of the legal authority and procedures for recovering attorney’s fees and taxable costs under Florida and Texas law in the trial and appellate courts. CE and CLE credit for adjusters and attorneys in Florida and Texas available for this course.
This course will provide the adjuster and subrogation specialist with quick investigating tips for simple to complex issues involved with fire sprinkler system claims. The presentation will address origin and cause, system identification, and information needed to evaluate a claim to determine if there is subrogation potential. There will be a discussion on the installation, protection and maintenance involved with fire sprinkler s... Read more
Increasingly, property insurers in Florida are being sued for bad faith. What accounts for this increase? Mainly, it has been driven by recent appellate court decisions that have eroded and all but eliminated any prerequisites to bad faith actions.
The classic example of an AOB claim is the following: an insured suffers property damage and hires a repair contractor to repair that damage. The repair contractor requires the insured to execute a written document, usually entitled “Assignment of Insurance Benefits”, which says something to the effect of “for and in consideration of the contractor’s agreement to protect the property from further damage and/or make repairs, the in... Read more
Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage claims in these areas, they will undoubtedly be presented with claims that have been assigned from insureds to damage-repair contractors. These are often referred to as assignments of benefits or “AOB” claims. This... Read more
Carol Rooney's third webinar for the 2017 Appellate Webinar Series covers persuasive writing and oral advocacy which are essential skills for lawyers and claims professionals. This course will provide the tips and tools to improve your ability to draft cogent legal documents and present compelling oral arguments.
Anthony Russo identifies and analyzes the nature of the relationship between the insurer and the policyholder, the policyholder and the lawyer, and the lawyer and the insurer. He explains the recent history and development of these rules since the release of The Florida Bar Report on Insurance Practices Special Study Committee (June 2, 2000). Practical problems will be discussed in the context of three real world lawsuits, a person... Read more
Extraordinary Writs: Certiorari, Prohibition, and Mandamus. The ins and outs of appellate relief via an extraordinary writ were covered by Carol in depth in this webinar.
Carol’s first webinar for the 2017 Appellate Webinar Series covered preserving error for appeal in Florida state courts. Don’t win the battle and lose the war because of unpreserved error! Carol provided the essential information you need to know regarding critical preservation issues.
Corporate Representative Depositions are faced by most corporate defendants sometime during litigation, yet the decision of who or why an individual is chosen to testify is often given little thought. Are there some typically overlooked decisions that can be made before the deposition to avoid damaging your whole defense? Charles Reynolds, a Partner at Butler Weihmuller Katz Craig, explains the tips and tricks needed for a success... Read more
Why are AOB claims on the rise in First-Party Property Claims? How do you read an AOB, and what do you look for? What are the bad faith concerns? Which pitfalls are common in these types of claims? Watch as Tim Engelbrecht, a Partner at Butler Weihmuller Katz Craig, provides you a comprehensive explanation on all of your questions regarding Assignment of Benefit Claims and how to handle them.