Disciplined in Sophisticated Defense and Insurance Litigation

William (Bill) R. Lewis is a Partner at Butler. Since joining the firm in 1993, Bill has built a successful, dynamic practice. He devotes much of his time to the defense of first party property insurance coverage and extra-contractual matters. Bill has experience in several areas of property coverage defense, including claims about Chinese drywall, oil spills, hurricanes, collapses, floods, sinkholes, fires and earth movement.

Bill received his Doctor of Jurisprudence, with honors, from The Florida State University in 1990. Bill served for two years as law clerk to the Honorable Anne C. Booth of the Florida First District Court of Appeal after graduating. From August 2009-August 2010, Bill served as Chair of the American Bar Association, Tort and Insurance Practice Section, Property Insurance Law Committee. He has also spoken at many seminars regarding first party property insurance coverage issues.

Admissions

  • Florida

Education

  • University of Florida
    Bachelor of Science
  • Florida State University
    Doctor of Jurisprudence

Memberships

  • American Bar Association (ABA)
  • Federation of Defense & Corporate Counsel (FDCC)
  • Hillsborough County Bar Association (HCBA)
  • The Florida Bar

Courts

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

REPRESENTATIVE CASES

CSX Corporation and CSX Insurance Company v. North River Insurance Company; American Re-Insurance Company, N/K/A Munich Reinsurance America, Inc., Westchester Surplus Lines Insurance Company, Steadfast Insurance Company, Hartford Fire Insurance Company, Landmark American Insurance Company, Certain Underwriters at Lloyd's London, Syndicates 435, 510, 780, 1084, 1183, 1414, 2001, 2147, 3000, 4472, and 5000, and Aspen Insurance Limited, Case Number: 3:08-cv-531-J-23MCR

The Weitz Company v. Lexington Insurance Company, et. al. (U.S.D.C. (8th Cir. 2015)). Weitz, a party to a completed construction contract with a Hyatt Corporation sought to become subrogated through Hyatt, to insurance monies that were not, according to Weitz, properly paid to Hyatt by the defendant insurers for claims made to them by Hyatt, their insured. The Court found that Weitz’s claims were both unsupported and unsupportable.

June 23, 2011 PUBLICATIONRecent Developments in Property Insurance Coverage Litigation

Tort Trial & Insurance Practice Law Journal (Winter 2011 • Volume 46:2).  Copyright © 2011 American Bar Association.  All Rights Reserved.  Reprinted by permission.  This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association

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April 05, 2007 PUBLICATIONWhat the Heck is an Ensuing Loss?

The idea of "ensuing loss" sounds so simple. It is a loss that ensues from an earlier loss. In first party property insurance contracts, the "ensuing loss" concept comes into play when the initial loss is excluded, such as in the case of mold, water damage, or when a defective design causes the loss. When another loss ensues from the first excluded cause of loss, the intent of "ensuing loss" is to allow coverage for such ensuing damage. Up until now, conveniently, we have used the word ensuing to define "ensuing loss". Not exactly the model of clarity.

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March 13, 2003 PUBLICATIONEvolving Trends in Calculating ACV and Replacement Cost

I.     INTRODUCTION

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 valuation principles based on “Actual Cash Value” calculations or “Replacement Cost” calculations contained within the particular policy of insurance. The concept of Actual Cash Value arose from the general principle that insurance is traditionally intended to place an insured in the same position that it would be had no loss occurred. “Actual Cash Value” means the cash value of property immediately prior to the loss or damage. Patriotic Order Sons of America Hall Ass’n v. Hartford Fire, Ins. Co., 305 Pa. 107, 157 A. 259 (Pa. 1939).  Replacement cost on the other hand is designed to cover the difference between what property is actually worth immediately prior to the loss, i.e. its Actual Cash Value, and what it would cost to rebuild or repair that property after the loss. It is insurance on a property’s depreciation. Leo L. Jordan, What Price Rebuilding?, 19 ABA Fall Brief 17 (1990), cited with approval in State Farm Fire and Casualty Co. v. Patrick, 647 So. 2d 983 (1994).

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April 17, 2002 PUBLICATIONSeventh Circuit Court Of Appeals Finds "Independent" Insurance Broker To Be Intermediary Of Insured, Barring Coverage And Bad Faith Claims

The Seventh Circuit recently addressed the question of whether an independent insurance broker, who provided clients to the insured, was their intermediary, thus barring coverage and bad faith claims. (First Insurance Funding Corporation v. Federal Insurance Company, No. 01-2855 (7th Cir. March 28, 2002)).

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PUBLICATIONRecent Developments in Property Insurance Law

(Winter 2010 • Volume 45/2).  Copyright © 2009 American Bar Association.  All Rights Reserved.  Reprinted by permission.  This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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Events

March 11, 2015 EVENTButler Breakfast & Educational Seminar
Butler Breakfast & Educational Seminar
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January 27, 2014 EVENT2014 WIND Conference
2014 WIND Conference
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January 30, 2012 EVENTWINDSTORM 2012
WINDSTORM 2012
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April 27, 2007 EVENTUpdate on Florida Property Insurance Legislation and Case Decisions Impacting Catastrophe Claims
Update on Florida Property Insurance Legislation and Case Decisions Impacting Catastrophe Claims
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January 29, 2007 EVENTAn Overview of Builder's Risk Policies
An Overview of Builder's Risk Policies
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Key Points
Practice Area CASE TYPE
  • Appellate
  • Excess Coverage
  • First Party Coverage Issues
  • Reinsurance Coverage
  • Attorney Fee Disputes
  • BOP
  • Business Interruption - Coverage
  • Civil Remedy Notices
  • Coverage - First Party Property
  • Coverage - Homeowner's
  • Coverage - Inland Marine
  • Coverage - Property
  • Earth Movement - Construction Defect Litigation
  • Extracontractual Claims
  • Homeowner's - Coverage
  • Homeowner's - Insurance
  • Insurance Fraud
  • OCIP - Owner Controlled Insurance Program
  • Sinkholes - Construction Defect Litigation
  • Bad Faith