Disciplined in Sophisticated Defense and Insurance Litigation

As a Partner at Butler, John W. Weihmuller practices in our Tampa office. He primarily focuses in the areas of extra-contractual and Insurance Coverage. His specialties include bad faith litigation and complex coverage disputes.

Currently, John is a member of numerous professional organizations, including the Federation of Defense and Corporate Counsel and the Defense Research Institute. He frequently lectures on the topics of insurance claims handling and coverage litigation, and bad faith. He has also provided information to, and testified before the Florida legislative committees regarding bad faith legislation and reform in Florida, and worked with the American Insurance Association on the issues of bad faith litigation and reform.

John earned his Bachelor of Science and his Doctor of Jurisprudence from Valparaiso University. During law school, he served as executive editor of the Valparaiso University Law Review, and was a team and board member of the National Moot Court Team. He joined Butler in 1984, the same year he graduated from law school.

Admissions

  • Florida

Education

  • Valparaiso University
    Bachelor of Science
  • Valparaiso University
    Doctor of Jurisprudence

Memberships

  • Defense Research Institute (DRI)
  • Federation of Defense & Corporate Counsel (FDCC)
  • Florida Defense Lawyers Association (FDLA)
  • Hillsborough County Bar Association (HCBA)
  • The Florida Bar
  • Tort Trial and Insurance Practice Section of the American Bar Association

Courts

  • Florida Courts (Northern, Middle and Southern Districts)
  • Florida State Courts
  • United States Eleventh Circuit Court of Appeals
April 16, 2003 PUBLICATIONThe Current State of Comparative Bad Faith

In most every jurisdiction, the basis for a claim of insurer bad faith is the recognition of a duty of good faith and fair dealing inherent in any contract of insurance. See, e.g., Boston Old Colony v. Gutierrez, 386 So. 2d 783 (Fla. 1980). The focus in such cases is usually the question of whether or not the insurer has violated that duty. Inevitably, the question arises as to whether or not the actions of the insured can be considered bad faith and, if so, whether such actions can be raised as an affirmative defense to a claim of insurer bad faith. 

Read More »
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.

Read More »
August 17, 1999 PUBLICATIONMultiple Claims Exceeding the Policy Limits

When courts and state legislatures expand the duties owed by liability insurers to insureds there is a commensurate expansion of the grounds for extracontractual claims. One area of expansion has been in cases involving multiple third-party claimants - with liability clear and damages exceeding the policy limits. These cases make difficult issues for claims professionals.

Read More »
January 01, 1993 PUBLICATIONAttacking the Consent Judgment: Corralling the Horse That Gets Out of the Barn

Defense Research Institute, 1993 (Steve Rawls as an uncredited author with John Weihmuller)  

Please contact the attorney for a copy of the article.

Read More »

Events

March 03, 2012 EVENTFDCC 2012 Winter Meeting
FDCC 2012 Winter Meeting
Read More »
November 17, 2011 EVENTFlorida Chamber of Commerce 5th Annual Insurance Summit
Florida Chamber of Commerce 5th Annual Insurance Summit
Read More »
Key Points
Practice Area CASE TYPE
  • Bad Faith
  • Complex Liability Litigation
  • Coverage - First Party Automobile
  • Coverage - Personal Injury
  • Extracontractual Claims
  • Professional Liability