A Partner at Butler, James Michael Shaw, Jr. practices in our coverage-defense and extra-contractual departments, focusing primarily on defending claims of insurer bad faith. He also represents insurance intermediaries, including agents and brokers, in defense of error-and-omission claims. Since joining the firm in 2007, James has written and spoken on topics as diverse as insurance-intermediary liability, constitutional law, and the law governing drones. He is rated AV Preeminent by Martindale-Hubble.
James is admitted to practice in all Florida state courts; the United States District Courts for the Northern, Middle, and Southern Districts of Florida; and the Eleventh Circuit Court of Appeals. He is a member of the Florida Bar, Hillsborough County Bar Association, and the American Civil Liberties Union, for which he has chaired the Legal Panel for the Greater Tampa Chapter since 2007. He graduated magna cum laude from the University of Miami School of Law, where he served as Articles and Comments Editor for the University of Miami Law Review. James currently serves on the Board of Trustees of the Unitarian Universalist Church of Tampa and is a past Chair of the Charter and Bylaws Committee of the Hillsborough County Democratic Party. James has also taught Legal Research & Writing as an adjunct professor for St. Petersburg College.
Bayfront Cent. Sec. & Sys., Inc. v. N.Y. Cent. Mut. Ins. Co., 17 Fla. L. Weekly Supp. 181a (Fla. 6th Jud. Cir. 2010) – order dismissing multi-count complaint against New York automobile insurer
Bele v. 21st Century Centennial Ins. Co., 25 Fla. L. Weekly Fed. D193a, 2015 WL 3875491 (M.D. Fla. May 15, 2015) – order denying motion to remand where Plaintiffs contended that the amount-in-controversy requirement had not been proven
Bele v. 21st Century Centennial Ins. Co., F. Supp. 3d, 2015 WL 5155214 (M.D. Fla. Sept. 1, 2015) – order dismissing an unripe bad-faith action and a declaratory-judgment claim seeking to fix damages in the bad-faith claim, both of which were joined to a claim for UM coverage
Bollinger v. State Farm Mut. Auto Ins. Co., 23 Fla. L. Weekly Fed. D159, 2012 WL 112937 (S.D. Fla. 2012), aff’d, 538 Fed. App'x. 857 (11th Cir. 2013) – summary judgment entered and affirmed in first-party bad-faith action where the plaintiff had not filed a Civil Remedy Notice
Borrego v. State Farm Mut. Auto. Ins. Co., 24 Fla. L. Weekly Fed. D350a, 2014 WL 2615192 (S.D. Fla. 2014) – order dismissing a spousal-derivative bad-faith action where Civil Remedy Notice was silent as to the spousal claim
Higgins v. W. Bend Mut. Ins. Co., 85 So. 3d 1156 (Fla. 5th DCA 2012) – summary judgment entered and affirmed against Minnesota plaintiffs attempting to invoke Florida law to assert a bad-faith claim against a Wisconsin insurer
Johnson v. State Farm Mut. Auto Ins. Co., 26 Fla. L. Weekly Fed. D6a, 2016 WL 277768 (M.D. Fla. Jan. 22, 2016) –order denying remand of a removed bad-faith action appended to a UM case. Read more.
Smith v. 21st Century Centennial Ins. Co., 25 Fla. L. Weekly Fed. D52, 2014 WL 5474591 (M.D. Fla. 2014) – dismissing a declaratory-judgment action seeking to fix damages for an unripe bad-faith action and abating the unripe bad-faith action
Thorne v. State Farm Mut. Auto. Ins. Co., 25 Fla. L. Weekly Fed. D117a, 2015 WL 809530 (M.D. Fla. 2015) – order denying a motion to remand an unripe bad-faith action asserted prior to the resolution of the underlying action for uninsured-motorist benefits
Thorne v. State Farm Mut. Auto. Ins. Co., 25 Fla L. Weekly Fed. D116a, 2015 WL 864936 (M.D. Fla. 2015) – order dismissing an unripe bad-faith action brought before resolution of the underlying action for UM benefits
West Bend Mutual Insurance Co. v. Higgins, 9 So. 3d 655 (Fla. 5th DCA 2009) – certiorari quashing a trial-court order that required disclosure of an insurer’s post-judgment communications with its counsel