Disciplined in Sophisticated Defense and Insurance Litigation

Scott S. Katz received his Bachelor of Arts with high honors  from the University of Florida in 1984 and Doctor of Jurisprudence with honors from the University of Tennessee in 1987. He was a member of the University of Tennessee Law Review, and he was selected to Phi Beta Kappa at the University of Florida. While in law school, Scott served as a judicial clerk for the Honorable David J. Torbett, ALJ, for the United States Department of the Interior.

Scott is admitted to practice in all Florida courts, as well as in the Federal Courts for the Southern, Middle and Northern Districts of Florida. In addition to practicing throughout Florida, Scott has handled cases in Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Missouri, New Jersey, New York, North Carolina, Puerto Rico, South Carolina, Tennessee, Texas, Wisconsin, and the U.S. Virgin Islands.  Scott has also coordinated cases in the Bahamas, Canada, Ecuador, Mexico, Nicaragua, and St. Lucia.
Scott's practice focuses on large, complex subrogation claims, where he represents both plaintiffs and defendants. Scott also works on insurance coverage disputes and casualty defense cases. He handles a wide range of matters including complex business disputes, general tort claims, professional malpractice, construction litigation, environmental damage, and product liability losses. Much of Scott's work involves multi-party litigation relating to significant property losses, contract disputes, construction mishaps, chemical contamination, and product failures. Scott has been lead counsel in over thirty jury trials and numerous non-jury trials involving such matters.

Scott frequently lectures on a variety of topics. Throughout the years, he has led seminars concerning all aspects of large loss subrogation including: spoliation of evidence; the economic loss rule; legal ethics; NFPA 921; adjuster ethics; trial techniques and practice; AIA subrogation waivers; the Sutton Rule; the Made Whole Rule; expert testimony and other similar topics. Scott is also a member of several professional organizations and is currently the Co-Chair for Claims and Litigation Management's Subrogation Sub-Committee.


  • Florida


  • University of Florida
    Bachelor of Arts, with high honors
  • University of Tennessee
    Doctor of Jurisprudence, with honors


  • American Bar Association (ABA)
  • Claims and Litigation Management Alliance (CLM)
  • Hillsborough County Bar Association (HCBA)
  • Loss Executives Association (LEA)
  • National Association of Subrogation Professionals (NASP)
  • National Fire Protection Association (NFPA)
  • Southern Loss Association (SLA)


  • Florida Federal Courts


Electroecuador, Inc. vs. General Electric Co. (subrogation arbitration proceeding concerning a warranty claim arising from a defective gas powered turbine. Damages exceeded $3.55 million.)

ERT 163rd Street Mall, LLC, et. al. v. Florida Power & Light Co. (subrogation lawsuit arising from an explosion and fire involving power system transformers and high voltage cabling. Damages exceeded $4.0 million.)

Jabil Circuit, Inc. et al., v. Speedline Technologies, Inc. (subrogation, product liability lawsuit arising from a fire caused by the defective design of an industrial washer machine. Damages exceeded $6.1 million.)

Leggett & Platt, Inc. v. LeMaster Steel Erectors, Inc., et al. (subrogation lawsuit arising from fire loss due to negligent welding operations during construction of a building-structure. Damages exceeded $10.5 million.)

Lockheed Martin Corp., et. al. v. Weeks Realty Ltd. Partnership (subrogation lawsuit arising from a roof collapse due to various construction defects. Damages exceeded $7.0 million.)

Santa Rosa County, et. al. v. Centex-Rooney Construction Co., Inc., et.al. (subrogation lawsuit arising from roof damage due to construction defects revealed during Hurricane Ivan. Damages exceeded $5.3 million.)

December 01, 2013 PUBLICATIONProving Lost Profits In a Subrogation Case: It's No Easy Matter

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. © Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.

As subrogation professionals, it is sometimes easy to overly focus on the liability issues in each case, leaving a thorough damages analysis for another day. However, it is a better practice to perform a complete evaluation of the legally recoverable damages early during the subrogation investigation, so that the true value of the claim can be ascertained and relayed to the subrogating insurer. This is especially so in cases where the business interruption portion of the loss is significant, since an error in proper quantification of the recoverable portion of the business interruption loss could dramatically change the overall valuation of a case -- both for settlement and trial purposes.

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June 26, 2013 PUBLICATIONFlorida Supreme Court Limits Economic Loss Rule to Products Liability Claims

In an advantageous decision for the subrogation industry, the Florida Supreme Court recently narrowed the scope of the economic loss rule, and limited the rule’s application to only cases involving products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances when the damages incurred are wholly economic, and there is no other property damage or personal injury. Although inexplicably expanded over time, the recent decision curtails the expansive definition and returns Florida’s economic loss rule to its historical roots. 

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May 01, 2013 PUBLICATIONStuck Between a Collapsed Wall and a Hard Place: The Failure to Establish the "Standard of Care" in a Negligence Claim

Generally, "to establish a claim for negligence, a plaintiff must show: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant's breach.

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April 01, 2012 PUBLICATIONAre Expert Reports Always Protected by the Work Product Protection? ...Maybe Not.

A question sometimes arises as to whether expert reports are protected under the work product doctrine when experts are retained by claims adjusters, as opposed to attorneys.  For instance, when expert reports are issued to adjusters or another subrogation professional, the report can be deemed not protected, because the report is written during the normal course of an adjustment or investigative stage of a claim. On the other hand, when expert reports are directed  to an attorney, the expert report usually has a better chance of being protected from subsequent disclosure, per the work product doctrine.

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February 10, 2012 PUBLICATIONDoes the "Case-by-Case" Approach in Florida Apply Only on a Case-by-Case Basis?

The "Anti-Subrogation Rule" dictates that an insurer is generally precluded from seeking recovery against its own insured. While this premise on its face seems simple, a speCIal circumstance arises in the context of damage to leased property caused by a tenant's negligence, Where "the obvious intent of the parties [to a lease] was to shift the risk of daruages ... to an Insurer ... [the lessee] qualifies as an intended beneficiary under the Insurance policy;" and therefore, the insurer is prohiblted from subrogating against the lessee.1 However, the lease provisions are commonly unclear, if not contradlctory, as to which party-landlord or tenant-is to bear the risk of a loss to the leased premises, or whether the tenant is considered a "co-insured" under the landlord's property insurance policy. Most jurisdictions have been presented with these types of cases, and courts have implemented one of three recognized "analytic approaches," Recently, the Fifth District Court of Appeal of Florida addressed this very issue in Underwriters of Lloyds of London v. Cape Publications, Inc., 2011 WL 2415845 (Fla. 5th DCA 2011).

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November 17, 2010 PUBLICATIONAIA Subrogation Waivers: Reason Reigns Supreme In Maryland

Court decisions concerning the scope and application of AIA subrogation waivers are vast and varied, but often employ strained legal logic.  Some courts focus narrowly on the meaning of the terms "Work" and "non-Work."  Other courts base their analysis on "the extent to which property insurance" may exist.  And sometimes, courts fail to address the underlying rationale for why AIA subrogation waivers are executed in the first place, while also ignoring the internal ambiguities within AIA contract documents themselves.

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February 01, 2007 PUBLICATIONSubrogating Hurricane Claims

The word "hurricane" originates from the Spanish word, "Huracán," for the ancient Mayan "storm god." No doubt the Mayans suffered frequently from Huracán's wrath. But unlike the Mayans, recent storms have led insurers to vigorously pursue subrogated hurricane claims. This article will explore issues associated with the successful pursuit of subrogation claims arising from hurricanes.

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February 01, 2007 PUBLICATIONFlorida Legislature AGAIN Changes the Requirements for Making a Construction Defect Claim

Florida Governor Jeb Bush initially approved Senate Bill 1286 on May 23, 2003. The initial version of Chapter 558 of the Florida Statutes (hereinafter identified as "the Statutes") set forth the requirements for making a claim for defects related to the construction of homeowner property. The authors of this article published a summary of the law in the Winter 2003-2004 issue of the Subrogator. In 2005, the Statutes were amended by the Florida Legislature to make compliance more practical for both claimants and contractors. The authors published a summary of these changes in the Spring/Summer 2005 issue of the Subrogator.

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February 01, 2007 PUBLICATIONFlorida's Legislature Abolishes Joint and Several Liability

Effective April 26, 2006, the Florida Legislature eliminated the last vestige of joint and several liability.  Florida has now joined the minority of jurisdictions that have completely abolished joint and several liability. Although this move has brought dramatic change and controversy, it was no surprise. The attempt at abolition actually began nearly twenty years ago and has been heavily lobbied by Florida's "Big Businesses." This article will address the impact of the elimination of joint and several liability, and the effect this change in the law will have on subrogation in Florida.

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November 12, 2006 PUBLICATIONSubrogating Hurricane Claims

The word "hurricane" originates from the Spanish word, "Huracán," for the ancient Mayan "storm god." No doubt the Mayans suffered frequently from Huracán's wrath. But unlike the Mayans, recent storms have led insurers to vigorously pursue subrogated hurricane claims. This article will explore issues associated with the successful pursuit of subrogation claims arising from hurricanes.[1]

Read More »
April 01, 2005 PUBLICATIONNew Amendments to Florida Law For Making Claims Against Contractors For Construction Defects

Florida's Construction Defect Statute, F.S. § 558.001 et seq. ("Construction Defect Statute"), first became effective on May 27, 2003. This law drastically changed how claims for construction defects are to be made by homeowners against contractors in Florida.

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April 01, 2005 PUBLICATIONFlorida's "Made Whole" Doctrine: Returning A Portion of the Insured's Deductible Is Permissible – For Now!

Per Florida's Made Whole Doctrine, insurers need only reimburse their insureds to the extent of their insured's legally recoverable loss. In the recent case of Monte De Oca v. State Farm Fire & Casualty Co., ---So.2d---, 2004 WL 2955008 (Fla. 3d DCA 2004), the Third District Court of Appeal supported the partial return of a deductible to an insured based on the insured's comparative negligence. This case is significant because it clarifies that an insurer, in Florida, does not violate the Made Whole Doctrine when the insurer returns only a prorated portion of the deductible to the insured due to the insured's comparative negligence.

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April 01, 2005 PUBLICATIONFlorida's Supreme Court Finally Brings Clarity to the Economic Loss Rule

After years of confusing and contradictory rulings, Florida's Supreme Court finally reigned in the scope of the Economic Loss Rule. In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004), the Florida Supreme Court cogently limited the Economic Loss Rule. It held that the Economic Loss Rule does not bar a negligence action to recover solely economic damages where the defendant is not a product manufacturer or distributor. The Court also held that the Economic Loss Rule simply does not apply to any situation where there is no privity between the litigants.

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April 01, 2005 PUBLICATIONLive . . . From The House Of Subrogation!

 The Hilton Hotel in Austin, Texas will truly be "The House of Subrogation" from November 13 through 16, when over 1,200 subrogation professionals from around the globe assemble for the NASP Annual Conference. And this year's conference is expected to be even bigger, better and more alive than ever before!

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January 01, 2005 PUBLICATIONSpoliation of Evidence - Limiting the Duty to Preserve

A summary of Killings v. Enterprise Leasing Company, Inc., 2008 WL 4967412 (Ala. 2008). A recent case from the Supreme Court of Alabama.  In Killings v. Enterprise Leasing Company, Inc.,1 the Alabama Supreme Court recently held that a Plaintiff may proceed with a claim of spoliation against a third party responsible for negligently discarding necessary evidence in an underlying case.

Read More »
February 01, 2004 PUBLICATIONNew Florida Law Changes Procedure For Making Claims Against Contractors For Construction Defects

Florida Governor Jeb Bush approved Senate Bill No. 1286 (“Bill 1286”), which drastically changes the method for presenting a claim for construction defects. Effective May 27, 2003, Florida homeowners and their subrogees cannot file a construction defect lawsuit without fully complying with new pre-suit requirements.

In Section 1 of Bill 1286, the Florida Legislature states the intent of the new law.

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September 18, 2002 PUBLICATIONSpoliation As Bad Faith

What happens when an insurer's employee, insured, adjuster or attorney alters or destroys critical evidence? Can spoliation of evidence also constitute bad faith? Although there is no published decision directly on point, it appears that some courts may be willing to extend an insurer's exposure to include extra-contractual damages for such conduct

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June 01, 2002 PUBLICATIONFire Scene Spoliation: Have We Gone Too Far?

Over the past fifteen years, the amount of case law and commentary concerning spoliation of evidence has exploded. This attention has been positive in terms of highlighting and dealing with the loss of evidence involved in litigation. Consequently, today's litigants better appreciate the need to preserve evidence.

Read More »


January 27, 2016 EVENTLoss Executives Association's (LEA) 85th Celebration

Market Share Losses: Conflicts and Controversies

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November 18, 2014 EVENTButler Breakfast & Educational Seminar

Bad Faith: From Ruse to Reality / The Made Whole Rule: Lessons Learned from the World Trade Center Litigation

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November 11, 2014 EVENTNASP 2014 Annual Conference

Alternative Methods for Testing Expert Opinions While Still Complying with Daubert

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August 06, 2014 EVENTNASP New York Chapter Meeting

Qualifying Fire Experts in Subrogation Cases:  Daubert and the New NFPA Standards

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April 01, 2014 EVENT2014 ExecuSummit

The Made Whole Rule in Property Subrogation Cases:  Lessons Learned from the World Trade Center Litigation

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November 03, 2013 EVENTNASP's 2013 Annual Conference

The Made Whole Rule in Property Subrogation Cases:  Lessons Learned from the World Trade Center Litigation

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March 22, 2013 EVENTLitigation Skills and Management Conference

Effective Motion Practice in a Fire Case

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November 12, 2012 EVENT2012 NASP Annual Conference

Using Ethics to Maximize Recoveries: Who Thought That Was Possible

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April 17, 2012 EVENTNational Property Subrogation Strategies ExecuSummit

The Made Whole Rule in Property Subrogation Cases

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December 13, 2011 EVENTCEU Institute Presentation

Spoliation of Evidence

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November 06, 2011 EVENTNASP Annual Conference

The Made Whole Rule in Property Subrogation Cases

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April 19, 2011 EVENTNASP Webinar

Current Trends & Creative Solutions

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March 24, 2011 EVENTNASP Litigation Skills Conference

NASP Litigation Skills Conference

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November 07, 2010 EVENTNASP 2010 Annual Conference

AIA Subrogation Waivers: Current Trends and Creative Solutions

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November 01, 2009 EVENTSubrogating Wind Damages

NASP 2009 Annual Conference, Subro Rocks

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November 12, 2008 EVENTSpoliation and Subrogation

FACAP's 31st Annual Training Seminar

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November 04, 2008 EVENTThe Inner Workings of the Subrogation Department: An In-Depth Symposium

NASP National Conference

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April 19, 2007 EVENTLarge Loss Subrogation Potpourri

ABA Property Insurance Loss Committee's 2007 Spring Meeting

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March 08, 2007 EVENTDirect and Cross Examination of the Carrier's Damage Adjuster

Subrogation Litigation Skills Conference

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January 12, 2015 NEWSScott Katz Appointed as CLM's Subrogation Committee Co-Chair
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Key Points
Practice Area CASE TYPE
  • Appellate
  • Attorney Fee Disputes
  • Catastrophic Recovery Coordination
  • Church Organizations
  • Commercial Litigation
  • Complex Liability Litigation
  • Construction Contract Administration
  • Construction Defect - Structure Failures
  • Construction Defect Litigation
  • Construction Defect Litigation - Earth Movement
  • Construction Defect Litigation - Roof
  • Contribution Claims
  • Coverage - Business Interruption
  • Employment Law
  • Explosions
  • Federal Multi-District Litigation
  • Federal Tort Claims Act Litigation
  • Fire Spread Litigation
  • General Casualty Litigation
  • Heavy Equipment Claims
  • Malpractice - Architecture
  • Malpractice - Engineering
  • Material Failures
  • Negligent Supervision
  • Products Liability
  • Products Liability - Automobile
  • Products Liability - Consumer Products (All Types)
  • Products Liability - Equipment Losses
  • Products Liability - Pipe Failures
  • Professional Malpractice - Accounting
  • Professional Malpractice - Engineering/Architecture
  • Professional Malpractice - Surveyor
  • Sovereign Immunity Issues
  • Structural Collapse
  • Subrogation
  • Trucking