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Butler Weihmuller Katz Craig
Butler Weihmuller Katz Craig
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‘Additional Insured' Qualifies as a ‘First-Party Claimant' under Colorado's Bad-Faith Statute

Post on Jun. 21, 2013

The developers of a residential community in Colorado were sued by the homeowners' association alleging various construction defects. The parties stipulated to arbitrate their......

Any Misrepresentation in Policy Application May Void Policy

Post on Jun. 21, 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......

Summary Judgment for Insurer Reversed in Bad-Faith Case

Post on Jun. 21, 2013

On rehearing, the Fourth District Court of Appeal reversed summary judgment in favor of an insurer in a third-party bad-faith case, ruling there were genuine issues of material fact regarding whether the insurer acted......

Florida Appellate Court Rules the Department of Financial Services Exceeded its Rulemaking Authority

Post on Apr. 02, 2013

A rule promulgated by the Florida Department of Financial Services—adding a time limitation to a statute requiring an insurer to notify its insured of available mediation when a first-party property insurance claim is......

Federal Court in Minnesota Finds Coverage under CGL Policy in Product-Recall Case

Post on Mar. 22, 2013

Significance: A Minnesota federal court found there was coverage under a commercial general liability policy for damages related to the recall of instant milk used in a popular brand of instant......

A Tale of Three Deductibles and Six Words: Florida Federal Court Upholds Insurers’ Interpretation of Hurricane Deductibles in Absence of Genuine Policy Ambiguity

Post on May 05, 2010

Within a 30-day period, the U.S. District Court for the Southern District of Florida addressed the application of hurricane deductibles in three different coverage matters. Although the policies at issue insured......

Evolving Trends in Calculating ACV and Replacement Cost

Post on May 05, 2010

Assuming that a loss falls with the terms and conditions of the insurance policy and is a covered loss, the next question to be addressed is the quantum of the loss. The quantum of the loss is generally resolved by......

Leasehold Interest and Rental Value Coverage for the Mega-Loss

Post on May 05, 2010

Among the numerous types of insurance available, coverage for loss of rent or loss of rental income is one of the less well known. C.T. Drechsler, Rent Loss Insurance, 17 A.L.R. 2d 1226 (1951). Although it is less well......

Profiles of Sexual Predators and Reducing the Risk of Sexual Misconduct at Your Church, School or Other Youth Organization

Post on May 05, 2010

Will I know him when I see him? We now know the answer is a resounding "no." Until recently, when we heard the words sexual predator, an image of a dirty old man, dressed in a trench coat, lurking around an elementary......

Repressed Memory: Real or Fantasy?

Post on May 05, 2010

Throughout the last two decades, courtrooms have been deluged with litigation regarding allegations of repressed memories of childhood sexual abuse, leading to considerable debate as to whether the concept itself, not......

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