Butler Podcast

This Course provided insurance professionals and practitioners with in-depth background, practical and real-world tips related to summary judgment motions and issues in Florida and Texas. Florida's recent adoption of the federal standard for summary judgment; requirements and procedures; burdens of proof and evidentiary issues will be covered, as well as appellate review of summary judgments. The types, nature and procedures for handling summary judgment motions in Texas were covered in-depth. Standards, requirements, burdens of proof and evidentiary issues were highlighted as well as appellate review. Finally, notable recent cases dealing with insurance issues were covered under Florida and Texas law.

This podcast with Butler attorneys David Maldoff and Wiley Hodges will touch on and discuss issues to consider when storm related claims are reported. The podcast will further discuss how ensuing loss provisions in policies can affect how a claim show be examined, as well as address Florida's current 25% re-roofing rule and how the new laws passed this year will alter the current law and the potential effects moving forward.

Amazon, Google, Apple, Samsung and numerous other manufacturers have “Smart Home” devices that may be found in an estimated 175 million homes worldwide.  Join host, Aaron Jacobs, and guest co-hosts, Bob House and Nick Mahoney, with SEA, Ltd., as they discuss how Smart Home product data can assist you in your forensic fire investigations and potentially increase your opportunities for a subrogation recovery. Filled with insightful tips and enlightening conversations with subrogation experts from around the country, you won’t want to miss an episode of Subro Sense Season 3! Click Here to Subscribe to Aaron’s Podcast, and we will deliver each episode straight to your inbox.

Get ready to sail the high seas with Butler Partner and host, Aaron Jacobs and co-host, Craig Sylvester with Jensen Hughes, as they discuss the factors and circumstances that should be considered when evaluating boat and vessel fire losses and associated subrogation claims.  From the components of vessels most commonly involved in fire claims to potential subrogation claims against third parties like service contractors and marinas, Aaron and Craig will prepare you for your next voyage into the world of vessel fire claims. Filled with insightful tips and enlightening conversations with subrogation experts from around the country, you won’t want to miss an episode of Subro Sense Season 3!

Carol’s final webinar of the 2020 Appellate Webinar Series “All About Appellate” provides an overview of significant rulings by Florida and Texas courts in 2020, including a discussion of recent trends and predictions for 2021.

The Holiday Season is here, but what if the celebrations don’t always bring cheer? Host Aaron Jacobs presents the “Holiday Havoc” series featured on Butler’s Subro Sense Podcast. Three podcasts + Holiday mishaps = Everything you need to know about Holiday-related claims.     https://jsheld.com/university/articles/fireplace-chimney-fire-damage-causes-liability-recalls-safety

The Holiday Season is here, but what if the celebrations don’t always bring cheer? Host Aaron Jacobs presents the “Holiday Havoc” series featured on Butler’s Subro Sense Podcast. Three podcasts + Holiday mishaps = Everything you need to know about Holiday-related claims.  

The Holiday Season is here, but what if the celebrations don’t always bring cheer? Host Aaron Jacobs presents the “Holiday Havoc” series featured on Butler’s Subro Sense Podcast. Three podcasts + Holiday mishaps = Everything you need to know about Holiday-related claims. Episode One: What happens if the insured fries more than just the turkey? Who is at fault if the fries turn to flames? A 2013 NFPA study revealed that on Christmas Day the total number of daily fires is estimated to be 58% above the daily average. Senior Associate, Thomas Burgess joins host, Aaron Jacobs to discuss the unique aspects of investigating cooking fires and the critical considerations when evaluating an associated subrogation claim.

Join Partner Carol Rooney as she presents “2020 Appellate Issues at Trial – Florida and Texas” for her 2020 All About Appellate Webinar series. This course 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. Continuing Education – FL Approved Continuing Legal Education – TX and FL Approved

Board Certified Appellate Attorney, Carol Rooney, presented her second appellate webinar for 2020 – Appellate Writs, Motion Practice and Sanctions Issues Under Florida and Texas Law – on September 16, 2020 at 12:10 PM EST. Carol covered appellate writs, appellate motion practice and appellate sanctions under Florida and Texas law. Attendees learned of the different kinds of appellate writs, and when to file. Carol also discussed appellate motion practice and how this differs greatly than in the trial court. Finally, an overview of appellate sanctions was provided.

Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”), regardless of the amount paid in the underlying First-Party Property claim.  Join host, Aaron Jacobs and guest host, Raymond Franks with Rimkus Consulting Group as they discuss and dissect the ABC’s of RCV and ACV damages evaluations and the associated potential effects on your subrogation recovery.

Like all other aspects of life, the forensic investigations of existing and new subrogation claims has been significantly impacted by the COVID-19 pandemic. Senior Mechanical Engineer and Certified Fire Investigator, C. Tripp Wagner III, BME, CFI, with Jensen Hughes joins host, Aaron Jacobs to discuss how to approach forensic investigations in light of the current COVID-19 guidelines and limitations and how forensic investigations may be able to continue at this time by considering certain critical factors and following certain protocols.  

This episode focuses on summary judgments in the insurance litigation context.  Often, the way an insurance claim is investigated and documented during the claims adjustment process will make the critical difference in obtaining or defending summary judgment both in the first-party coverage context, and with respect to bad faith.

Board Certified Appellate Attorney, Carol Rooney, presents her fourth appellate webinar for 2019 – Case Law Update: Texas and Florida Law. Carol’s final webinar of the 2019 Appellate Webinar Series “All About Appellate” will provide viewers with an overview of significant rulings by Florida and Texas courts in 2019, including a discussion of recent trends and predictions for 2020.

Insurance subrogation professionals face unique hurdles when a tortfeasor’s liability insurance limit is insufficient to pay the entirety of the subrogation claim and claims asserted by other parties.  In other words, sometimes, the pie is not big enough for everyone to eat.  On December 11, 2019, please join host Aaron Jacobs as he discusses the special considerations and factors applicable to fix funds/limited pool scenarios and helpful techniques you can use to get a slice of the pie before it’s gone.

Board Certified Appellate Attorney, Carol Rooney, presents her third appellate webinar for 2019 – Insurance Coverage & Declaratory Judgment Appellate Issues. – on October 9, 2019. Practitioners and insurance professionals obtained a comprehensive overview of appellate issues pertinent to insurance coverage and declaratory judgment appeals.  Interlocutory appeals, stays, standard of review, and related issues were discussed.  Also – significant recent coverage opinions in Florida and Texas are highlighted. Filled to the brim with recent case studies and helpful hints, Carol adds a dash of flair to each Webinar for 2019, making it a series you don't want to miss. 

Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors.  Recently, a U.S. Court of Appeals held for the first time that Amazon was a “Seller” and therefore potentially liable for defective products purchased on its website.  Host Aaron Jacobs will be joined by guest Michael Wolfer as they discuss the history of product claims against Amazon; the potential significance of product warnings; and the ramifications of the new groundbreaking case law. 

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, create the attorney/client privilege between our host, guest, or contributors, and any listener for any reason. Content from the podcast is not to be interpreted as legal advice. All thoughts and opinions expressed herein are only those from which they came.

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 11th and 5th Circuits will also be covered.  Don’t miss it!  

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 may be presented in a subrogation release and recommendations on how to approach and resolve release issues.   *This podcast has been hosted by Butler, and is not intended to, nor does it, create the attorney/client privilege between our host, guest, or contributors, and any listener for any reason. Content from the podcast is not to be interpreted as legal advice. All thoughts and opinions expressed herein are only those from which they came.

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 systems, as well as governing codes and authorities.

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 insured assigns his/her/its insurance benefits to the contractor.”  The contractor thereafter makes a claim directly to the insurer using the AOB.

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 article explains briefly what an AOB claim is, how Florida, Texas, Louisiana, Georgia, North Carolina, and South Carolina address AOB claims, and the best practices for handling AOB claims.

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 personal injury defense action, an insurance coverage action, and a legal malpractice action. 

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 successful Corporate Representative Deposition.

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.