Disciplined in Sophisticated Defense and Insurance Litigation

As a Partner at Butler, Brian D. Webb practices law in the areas of third-party bad-faith litigation and complex coverage for the firm. In addition, he works in casualty defense litigation. His specialties include automobile claims, automobile negligence, bodily injury, catastrophic injuries, commercial litigation, and excess coverage.

Brian graduated from Syracuse University College of Law with his Juris Doctor in 1992. Prior to that, he earned a Bachelor of Science in economics from Villanova University in 1987. He joined Butler in 1995.

Brian has contributed several articles to legal publications. He is also a member of several professional organizations, including the Tort Trial and Insurance Practice Section of the American Bar Association and the Hillsborough County Bar Association.

Admissions

  • Florida
  • Massachusetts

Education

  • Villanova University
    Bachelor of Science in economics
  • Syracuse University
    Juris Doctor

Memberships

  • Hillsborough County Bar Association (HCBA)
  • Tort Trial and Insurance Practice Section of the American Bar Association

Courts

  • All state courts of Florida
  • All state courts of Massachusetts
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the District of Massachusetts
  • United States District Court for the Middle District of Florida
  • United States District Court for the Southern District of Florida
March 13, 2014 PUBLICATIONBad Faith And Ordinary Negligence: Distinguishing The Excusable From The Culpable

Bad faith and ordinary negligence typically involve two very different standards of care. In most jurisdictions, courts agree that proof of bad faith requires a showing of insurer culpability greater than ordinary negligence.

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October 24, 2013 PUBLICATIONSeparating Fact From Fiction: Strategies For Contesting The Excess Consent Judgment

Few legal maneuvers generate greater skepticism – among courts and insurers – than the excess consent judgment, an increasingly common settlement device used In liability cases.

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May 24, 2012 PUBLICATIONProtecting Confidential Communications: Application Of The Attorney-Client Privilege In First-Party Insurance Bad-Faith Cases

Discovery of the insurance company's entire claim file—including confidential communications between the insurer and its attorney—is often the first target on the insured's agenda in a first-party bad-faith lawsuit. In any other context, a party's request for discovery of the opposing party's confidential attorney-client communications would be viewed by courts as a brazen and inappropriate attempt to obtain information obviously protected by the attorney-client privilege; however, in the context of bad-faith litigation, this type of request has been dignified by courts who often look for ways to permit discovery of the insurer's attorney-client communications.

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August 25, 2011 PUBLICATIONApplying The Litigation Privilege In Bad-Faith Cases

[BrianD.Webb,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 and complex coverage litigation. This commentary expresses the author's opinions–not the opinions of Butler or Mealey's. Copyright#2011 by Brian D. Webb. Responses are welcome.] 

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October 19, 1999 PUBLICATIONThe Duty of Good Faith: Continuing Into Litigation

First-party bad faith cases are typically based on conduct or events (e.g., settlement offers, investigations and evaluations) occurring during the time period after a claim is made but before any litigation is commenced. Once a breach of contract or declaratory action is filed, it is generally understood that the insured and insurer stand in an adversarial relationship which presumably entitles each party to zealously pursue its litigation tactics and strategy. Thus, courts generally will not permit an insurer's litigation conduct to be admitted as evidence of bad faith. Over the years, however, a significant number of courts have held an insurer owes a continuing duty of good faith to an insured throughout the litigation process and, therefore, an insurer's post-filing conduct may be admitted as evidence of bad faith. This article is a brief review of some of the leading cases addressing the continuing duty of good faith and its ramifications affecting insurance companies and defense counsel.

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July 01, 1999 PUBLICATIONStandard of Care in First Party Bad Faith Actions: Is "Fairly Debatable" Fair?

Since the early 1970s, when first-party bad faith actions came into being, a considerable body of law has developed on the standard of care for insurers to avoid liability. In creating and defining such standards, courts have struggled to balance the interests of insureds and insurers. This article is a general review of those decisions and standards.

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Key Points
Practice Area CASE TYPE
  • Appellate
  • Extracontractual Claims
  • General Casualty Litigation
  • Premises Liability
  • Third Party Coverage Issues
  • Civil Remedy Notices
  • Commercial General Liability
  • Coverage - Advertising Injury
  • Coverage - First Party Automobile
  • Coverage - Personal Injury
  • Catastrophic Loss
  • Coverage - Homeowner's
  • Coverage - Property
  • Deceptive and Unfair Trade Practices
  • Excess Coverage
  • General Liability - Coverage
  • Insurance Fraud
  • Standard Liability
  • Third Party Liability
  • Underinsured Motorist
  • Bad Faith
  • CGL
  • Commercial Litigation
  • Complex Liability Litigation
  • Uninsured Motorist
  • Coverage - Bodily Injury
  • Coverage - First Party Property