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Archive by tag: Butler Weihmuller Katz Craig LLPReturn

"Common Sense" Conquers "Creative Pleading," as the Eleventh Circuit Applies Narrow Exception to Florida's "Four-Corners" Rule to Prevent Plaintiff from "Pleading into Coverage"

On July 23, 2020, the Eleventh Circuit Court of Appeals, applying Florida law, looked beyond an operative complaint to relieve an insurer of its duty to defend in BBG Design Build, LLC v. Southern Owners Insurance Company. In the case, the First Amended Complaint alleged that the plaintiff sustained injuries in 2014 when she worked part-time at a domestic resource center that BBG Design Build was renovating....By: Butler Weihmuller Katz Craig LLP
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Delay In Completion Coverage And The Coronavirus

States, counties and municipalities have issued “stay at home,” “shelter-in-place,” and other orders relating to COVID-19.  Many orders require the suspension of non-essential construction projects.  The orders typically have exemptions for projects...By: Butler Weihmuller Katz Craig LLP
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Duke v. Hoch Standard Survives Challenge in Eleventh Circuit

Eleventh Circuit Rejects Mandatory Insurer Intervention Rule in Cases Involving Covered and Uncovered Damages - In a recent decision, QBE Specialty Ins. Co. v. Scrap Inc., Nos. 18-13926 and 19-13894, 2020 WL 1228648 (11th Cir. Mar. 13, 2020), the...By: Butler Weihmuller Katz Craig LLP
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Phenomenon or Pandemic: Pondering the Potential Legal Implications of the E-Scooter Craze

On July 12, 2019, YouTube celebrity Emily Hartridge died from injuries she sustained in a collision between an electric scooter (“e-scooter”) she was riding and a truck in London, England. This high profile incident helps bring to light the legal...By: Butler Weihmuller Katz Craig LLP
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Amazon Is Subject To Liability As "Seller," Rules The Third Circuit

In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its website by third-party...By: Butler Weihmuller Katz Craig LLP
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Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states:  “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.” In adding 558.004(1)(d), it...By: Butler Weihmuller Katz Craig LLP
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