Disciplined in Sophisticated Defense and Insurance Litigation

A Partner at Butler, Alan J. Nisberg is an experienced trial attorney and savvy negotiator. Alan joined the firm in 1995, shortly after completing the University of Florida's dual graduate degree program in law and business. He is active in the firm's extracontractual litigation, appellate, arson, and fraud departments. His legal experience includes complex commercial litigation, class actions, first-party and third-party bad faith, healthcare billing practices, deceptive and unfair trade practices, insurance fraud, and coverage issues.

Beyond his trial and litigation experience, Alan is both a Supreme Court of Florida Certified Circuit Civil Mediator and a Supreme Court of Florida Court-Approved Arbitrator. He has lectured nationally on topics pertaining to adjuster ethics, bad faith, business interruption, property coverage, and healthcare law for the American Bar Association (ABA) and the International Association of Special Investigations Units (IASIU).

Alan has achieved national attention as a pioneer in complex hospital pricing litigation in media publications such as USA Today, Miami Herald, and Tampa Bay Business Journal.


  • Florida


  • SUNY Binghamton University
    Bachelor of Arts
  • University of Florida
    Doctor of Jurisprudence
  • University of Florida
    Masters of Business Administration


  • American Bar Association (ABA)
  • Defense Research Institute (DRI)
  • Florida Academy of Professional Mediators (FAPM)
  • Florida Advisory Committee on Arson Prevention (FACAP)


  • Florida Courts (Northern, Middle and Southern Districts)
  • Florida State Courts
  • United States Eleventh Circuit Court of Appeals


Golding v. State Farm Mutual Automobile Insurance Company, et. al., 56 So.2d 14 (Fla. 4th DCA)(action alleging fraud and deceit, bad faith, intentional infliction of emotional distress, negligence, breach of fiduciary duty, exploitation of the elderly, and notary malpractice against insurance company and its employees, as well as insurance agent).

Lee Memorial Health System v. Medical Savings Insurance Company, 2007 WL 2071332, 2007 WL 2044227, 2007 WL 2044232, 2006 WL 3231388, 2006 WL 2474024, 2006 WL 1722347, 2005 WL 2291679 (M.D. Fla.)(dispute over reasonableness of hospital charges; unjust enrichment, quantum meruit, breach of insurance contract, breach of  implied covenant of good faith, wrongful interference with contractual rights, promissory estoppel and breach of third-party beneficiary contract).

Medical Savings Insurance Company v. HCA, Inc, et. al., 186 Fed.Appx 919, 2006 WL 1746934 (11th Cir.)(Fla.), 2005 WL 1528666 (M.D. Fla.)(action alleging hospital price fixing, group boycott, monopolization, tortious interference with business relations, defamation and for injunctive relief).

Screnci v. State Farm Mutual Automobile Insurance Company, 2009 WL 3667091 (S.D.Fla.)(Case No. 09-80510-CIV)(statutory and equitable action alleging discriminatory and excessive premium rates).

Superior Insurance Company v. Cano, 829 So.2d 991 (Fla. 2d DCA)(quashing  trial court's order requiring insurance company to answer questions about its trade secrets).

October 01, 2014 PUBLICATIONIlluminating Fraud: Spotlight on Affirmative Litigation

Insurance companies are defensive by nature. The very concept of insurance is to indemnify losses, not to prevent them. When it comes to insurance fraud schemes, however, denying claims is not enough to avert the cost of ongoing illicit behavior. Sadly, fraudsters recognize that the insurance industry is generally not particularly effective in stamping out multi-claim fraudulent activity. Insurance fraud today requires insurers to be more proactive.

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June 01, 2014 PUBLICATIONFraud Squad. The Role of Mediation in Settling Fraud Disputes

Alternative dispute resolution in a fraud dispute is a unique beast. The parties begin diametrically opposed horns locked in a fight to the death. Emotionally charged with righteous indignation, anger, and fear, tensions permeate the discussion. Perhaps too focused on dominance, even experienced fraud litigators continue to beat their chests. The parties seem intractable (perhaps emboldened by their legal counsel). Both sides appear incapable of compromise. Is the prospect of successful settlement talks a futile daydream? Of course not. The parties may simply need the assistance of a highly qualified mediator.

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April 01, 2013 PUBLICATIONSettling Insurance Bad Faith

Parties to litigation naturally act in their own self-interest. With allegations of insurer "bad faith," this is especially so. The parties are initially polarized. The claimant wants compensation beyond policy limits. The insurer wants to avert extra-contractual exposure. However, self-interested parties will settle if a negotiated resolution is their best option. Mediation is perhaps the most efficient and effective way to resolve insurance bad faith actions. The key is to illuminate both sides about the alternatives to settlement, and the benefits of a mediated resolution

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November 21, 2012 PUBLICATIONMediation (Resolving Cases With Extra-Contractual Exposure)

By definition, mediation begins with ‘‘me.'' Once conflicting parties have resorted to litigation, they naturally act purely in their own respective self-interest. When a mediation involves allegations of insurer ‘‘bad faith,'' this is especially so. The parties are initially polarized. 

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December 22, 2011 PUBLICATIONA Wolf In Sheep's Clothing (Insurers Should Be Vigilant In Florida)

[ Editors note: Alan J. Nisberg, Esq., is a partner with the law firm of Butler Weihmuller Katz Craig LLP, which has offices in Tampa, Chicago, Charlotte, Mobile, Tallahassee, and Miami. He is an experienced trial and appellate attorney, specializing in extra-contractual, class action and complex coverage litigation. This commentary, other than the quoted material, expresses the authors opinions -  not the opinions of Butler or Mealey's. Copyright © 2011 by the author. Responses are welcome. ] 

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July 28, 2011 PUBLICATIONThe Insurer's Bill Of Rights (A Balance Of Power)

[Editor's Note: Alan J. Nisberg is a partner in the Tampa office of Butler Weihmuller Katz Craig LLP, which also has offices in Chicago, Charlotte, Mobile, Tallahassee, and Miami. He is an experienced trial attorney and appellate lawyer, specializing in extra-contractual, class action, and complex coverage litigation. This commentary, other than the quoted material, expresses the author's opinions - not the opinions of Butler or Mealey's. Copyright#2011 by the author. Responses are welcome.] 

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May 27, 2010 PUBLICATIONBad Faith and Beyond: A Business Law Primer For Insurers

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #2 (May 27, 2010). © 2010  

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March 26, 2009 PUBLICATIONFlorida's Bad Faith Quagmire: Is Summary Judgment Ever Available?

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 22, #22 (March 26, 2009).

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August 28, 2008 PUBLICATIONTorts for Tots (Bad Faith And Other Independent Torts)

The responsibility of caring for a child is not one to be taken lightly. Our society demands vigilance from those who bring new life into rld, and rightly so. We are held to a higher standard in dealing with our offspring than with others. The special relationship between a parent and a child is built upon trust and an expectation that one (the parent) will give security tothe other (the child). So too is the bond between insurer and insured.

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July 24, 2007 PUBLICATIONOxymoronic ("Tortious Breach of Contract")

This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 21, #6, p. 32 (July 24, 2007).

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February 21, 2006 PUBLICATIONThe Implied Covenant of Good Faith and Fair Dealing

Until the 20th Century, insurance contracts were treated the same as any other contract, with recovery generally limited to the damages contemplated by the parties when they entered into the contract. Insurance contracts, like any other, were enforced by their explicit terms, and courts were reluctant to substitute their own judgment for the terms upon which the parties agreed absent some independent tort or injustice. By the end of the 19th Century, however, the judiciary in the United States began to recognize a general obligation of good faith performance implied in every contract.  By the 1930s, the implied covenant of good faith became a standard doctrine. This duty of good faith and fair dealing originated to resolve disputes over agreements that were not explicit on pivotal contract terms, or left discretionary power in the hands of one of the contracting parties.

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March 22, 2005 PUBLICATIONThe Timely Demise of Excess Judgments (Probate Nonclaim Statutes)

Imagine your insured is at fault in an accident that kills her and causes devastating injury to another individual. You (the insurer) fail to meet a settlement demand within policy limits. Liability is clear and excess exposure is inevitable. The claimant files a civil lawsuit naming the "estate" of the insured as the defendant. However, the estate of the insured is not set up yet. Having no entity to actually serve with the complaint, the claimant petitions the probate court for administration of the decedent's estate, has a personal representative appointed, and immediately serves legal process on that representative. A multi-million dollar excess judgment is obtained in the civil action.

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October 15, 2003 PUBLICATIONJuggling Multiple Claims With Inadequate Limits

Everyone knows that an insurer has to act in good faith to its insured when settling claims with third parties. However, when an insurer is faced with multiple claims exceeding the limits of coverage, the insurer is faced with tough choices. Insurers are frequently called upon to defend these choices in “bad-faith” actions. Can an insurer get summary judgment on the issue of “bad-faith” in multiple claimant/inadequate limits cases? Will the insurer be forced to litigate the “bad-faith” issue through a trial? This article attempts to answer these questions and provide guidance to insurers on meeting their duty of good faith when met with multiple claims, the sum total of which exceed policy limits.

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February 19, 2003 PUBLICATIONInstitutional Bad Faith: Individual Or Class Action Litigation (All For One? - Or - One For All?)

In 1844, Alexandre Dumas, one of the most famous French writers of the nineteenth century, shared his vision of comradery and unified ambition. In his classic, The Three Musketeers, set under the seventeenth century rule of Louis XIII, a small association of elite combatants swore their allegiance to a common purpose . . . and to each other: All for one, and one for all! Is this sense of nobility and uniformity present in the battle cry of plaintiff lawyers brandishing their swords in modern day litigation against the insurance industry?

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July 25, 2000 PUBLICATIONLevel The Playing Field: Abate Or Stay The Bad Faith Action Pending Resolution Of The Underlying Liability Or Coverage Case

Before resolution of a first-party action for coverage or a third-party action to establish an insured's liability, a plaintiff will often initiate an action for bad faith. By doing so, the plaintiff attempts to gain an unfair advantage in discovery and at trial. This article outlines some of the reasons why the bad faith action should be abated in its entirety or, at the very least, stayed pending resolution of the underlying claim.

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July 20, 1999 PUBLICATIONAdvice of Counsel: Insurance Companies' First and Last Line of Defense / Mealey's Litigation Reports: Bad Faith

The dynamic nature of bad faith law throughout the country practically mandates that insurers have ongoing legal advice to protect the interests of the company, the shareholders and all insureds. Such advice can prevent unwitting misconduct by the insurer. The "advice of counsel defense" in the context of insurance bad faith litigation issimply an insurer asserting, as proof that it did not act in bad faith, that it reasonably relied on the advice given by its legal advisors.

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April 17, 2013 EVENTMedical Claims Defense Network Seminar
Medical Claims Defense Network Seminar
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June 21, 2012 EVENT9th Annual RIMKUS CE Seminar
9th Annual RIMKUS CE Seminar
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June 24, 2010 EVENTEthics for Insurance Professionals
Ethics for Insurance Professionals
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Key Points
Practice Area CASE TYPE
  • Appellate
  • Commercial Litigation
  • Extracontractual Claims
  • Insurance Fraud
  • Arson
  • Catastrophic Injuries
  • Civil Remedy Notices
  • Class Action
  • Complex Liability Litigation
  • Libel
  • Malicious Prosecution
  • Personal Injury Protection
  • Underinsured Motorist
  • Bad Faith
  • Uninsured Motorist
  • Coverage - Business Interruption
  • Coverage - First Party Automobile
  • Coverage - Personal Injury