Disciplined in Sophisticated Defense and Insurance Litigation

A Partner at Butler, David A. Mercer practices in our casualty defense litigation, extra-contractual claims, product liability, and trucking departments. He joined the firm in 2004.

David received his Doctor of Jurisprudence, magna cum laude, from the University of Miami in 1998. He was awarded the Order of the Coif upon graduation. He also holds a Bachelor of Science, magna cum laude, in Political Science and Interdisciplinary Social Sciences from Florida State University, which he earned in 1995.


  • Florida


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


  • Florida Courts (Northern, Middle and Southern Districts)
  • Florida State Courts
  • United States Eleventh Circuit Court of Appeals
March 27, 2014 PUBLICATIONAnother Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases

A common scenario: claimant's counsel issues a time limit demand for policy limits and the insurer decides to accept the demand and tender the limits. Once the decision is made to accept the demand, the insurer should go through its checklist of concerns to make sure that each element of the time demand is met, while ensuring that the insured is adequately protected.

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December 19, 2013 PUBLICATIONRecent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery

The gravamen of a third-party claim of bad faith is that the insurer failed to settle a claim against an insured when it had the opportunity to do so. The essence of the claim is that the insurer acted solely on the basis of its own interests, failed to properly and promptly defend the claim, and thereby exposed the insured to an excess judgment. However, a claim based on insurer negligence is insufficient to establish bad faith

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April 25, 2013 PUBLICATIONRevisiting The Litigation Privilege And Its Application In Bad-Faith Cases

Over the last 25 years, courts have wrestled with the issue of whether to apply an absolute privilege to preclude bad-faith lawsuits based on an insurance company's conduct during the litigation of an underlying first-party or third-party claim. Some courts still refuse to recognize a bad-faith claim against an insurance company based upon its post-litigation conduct.  However, the prevailing trend seems to suggest that courts will find that some of the insurer's conduct remains relevant and admissible, while the conduct of the insurer's attorneys in defending the claim remains privileged.

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April 26, 2012 PUBLICATIONCreative Methods Used To Set-Up ‘Bad Faith' Claims — Use Of Multiple Coverage Demands

In the past decade, the bad-faith environment has rapidly shifted from a useful tool used by consumers to protect themselves from arguably egregious actions to an elaborate trap set by personal injury plaintiff attorneys to reap outrageous awards from seemingly innocent conduct by claims professionals. Insurance companies now fear multi-million dollar verdicts based on policies written for insureds who did not want more than the absolute minimum coverage allowed. Based on technicalities, clever plaintiff attorneys attempt to convince courts to rewrite insurance policies, allowing for unlimited recoveries.

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November 24, 2010 PUBLICATIONPitfalls For The Unwary: The Use Of Releases To Preserve Or Extinguish Any Potential Bad-Faith Claims Between The Primary And Excess Insurance Carriers

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #14 (November 24, 2010). © 2010 

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Blog Posts

January 13, 2015 BLOG POSTTrying to Upend the Workers' Compensation Act in Florida
Trying to Upend the Workers' Compensation Act in Florida
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November 18, 2014 EVENTACI 2014 Bad Faith Claims & Litigation Forum
ACI 2014 Bad Faith Claims & Litigation Forum
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February 28, 2014 EVENTCLM's 2014 Insurance Bad Faith Committee Mini-Conference
CLM's 2014 Insurance Bad Faith Committee Mini-Conference
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November 28, 2012 EVENTACI 23rd National Advanced Forum on Bad Faith Litigation
ACI 23rd National Advanced Forum on Bad Faith Litigation
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June 24, 2009 EVENTPremises Liability
Premises Liability
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Key Points
Practice Area CASE TYPE
  • Americans with Disabilities Act
  • Bad Faith
  • Catastrophic Injuries
  • Civil Rights
  • Commercial General Liability
  • Complex Liability Litigation
  • Construction Defect Litigation
  • Deceptive and Unfair Trade Practices
  • Employment Law
  • Extracontractual Claims
  • General Casualty Litigation
  • Heavy Equipment Claims
  • Manufacturer Liability
  • Manufacturer Liability - Medical Devices
  • Negligent Hiring
  • Negligent Supervision
  • Police Liability
  • Premises Liability
  • Products Liability
  • Products Liability - Automobile
  • Products Liability - Consumer Products (All Types)
  • Products Liability - Equipment Losses
  • Standard Liability
  • Third Party Coverage Issues
  • Trucking
  • Underinsured Motorist
  • Uninsured Motorist