Disciplined in Sophisticated Defense and Insurance Litigation

Matthew J. Lavisky joined Butler in 2009, bringing with him a strong background that enables him to handle cases that deal with coverage defense and extra-contractual matters. Matt graduated from the University of Central Florida with a Bachelor of Science degree, and then later earned his Doctor of Jurisprudence degree from Barry University. While at Barry University, he was a member of the Moot Court Honors Board and the president of his university's Federalist Society chapter—a major influential legal organization.

In 2013, Matt earned the James A. Dixon Young Lawyer of the Year Award from the Florida Defense Lawyers Association (FDLA). He continues to work as the chairman of the editorial board for the FDLA's primary publication, Trial Advocate Quarterly. He is also an AV peer-rated attorney by Martindale-Hubbell.

Matt tackles cases that involve such things as bad faith, civil remedy notices, bodily injury coverage and other types of coverage, deceptive and unfair trade practices, hurricane losses, and uninsured motorists.

Recognitions

  • Florida Defense Lawyers Association 2013 James A. Dixon Young Lawyer of the Year Award
  • Florida Defense Lawyers Association 2015 Trial Advocate Quarterly Award

Education

  • University of Central Florida
    Bachelor of Science
  • Barry University School of Law
    Doctor of Jurisprudence

Memberships

  • Christian Legal Society (CLS)
  • Defense Research Institute (DRI)
  • Federalist Society
  • Florida Defense Lawyers Association (FDLA)
  • Hillsborough County Bar Association (HCBA)

Courts

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

Welford v. Liberty Ins. Corp., 190 F. Supp. 3d 1085 (N.D. Fla. 2016) – summary judgment in third-party bad faith case.

MSPA Claims 1, LLC v. First Acceptance Ins. Co., 2016 WL 4523850 (S.D. Fla. 2016) – order dismissing class action complaint for lack of standing.

Kropilak v. 21st Century Ins. Co., 806 F.3d 1062 (11th Cir. 2015) - jury verdict in favor of insurer in third-party bad faith case, affirmed on appeal, holding insurer has no duty to enter into a Cunningham agreement and no duty to its insured to enter into a consent judgment in excess of the limits of its policy.

Helt v. Liberty Ins. Corp., 153 F.Supp.3d 1388 (M.D. Fla. 2015) – order dismissing, with prejudice, count for third-party bad faith.                               

Altrui v. State Farm Fla. Ins. Co., 2014 WL 11394450 (Fla. 6th Cir. 2014) aff’d 192 So. 3d 477 (Fla. 2d DCA 2016) – order dismissing, with prejudice, lawsuit for first-party bad faith in sinkhole claim after evidentiary hearing.

Colella v. State Farm Fla. Ins. Co., 95 So. 3d 891 (Fla. 2d DCA 2012) – opinion reversing order finding insurer had confessed judgment and breached contract in sinkhole claim where insured had not provided competing engineer report before filing lawsuit.

Gavin's Ace Hardware, Inc. v. Federated Mut. Ins. Co., 2011 WL 5104476 (M.D. Fla. 2011) – order holding claim file not discoverable in breach of contract action against insurance company.

Wild Enters., Inc. v. Assur. Co. of Am., 2011 WL 3802246 (Fla. 4th Cir. 2011) – order granting summary judgment in first-party bad faith action because insured had not satisfied condition precedent to suit.

March 13, 2015 PUBLICATIONLiability and Damages: Understanding Property Insurance Bad Faith Litigation in Florida

Florida recognizes two general categories of insurance bad faith: first-party and third-party. A cause of action for third-party bad faith exists at common law, but also may be brought under the Florida bad faith statute. The essence of a cause of action for third-party bad faith is that the insurer breached its duty to its insured by failing to properly or promptly defend claim, which resulted in the insured being exposed to a judgment in excess of the coverage limits.

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News

August 29, 2013 NEWSFlorida Defense Lawyers Association "Young Lawyer of the Year" award
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Key Points
Practice Area CASE TYPE
  • Attorney Fee Disputes
  • Bad Faith
  • Civil Remedy Notices
  • Coverage - Bodily Injury
  • Coverage - Business Owner's
  • Coverage - First Party Automobile
  • Coverage - First Party Property
  • Coverage - Homeowner's
  • Coverage - Personal Injury
  • Coverage - Property
  • Deceptive and Unfair Trade Practices
  • Extracontractual Claims
  • Hurricane Losses
  • Third Party Coverage Issues
  • Uninsured Motorist