Disciplined in Sophisticated Defense and Insurance Litigation

As a Partner at Butler in our Tampa office, Timothy R. Engelbrecht has been with the firm since 2008. Timothy defends insurance companies against first-party property breach of contract lawsuits and declaratory judgment actions for insurance coverage. These lawsuits often involve claims of water, fire, storm, or sinkhole damage at residential or commercial properties.

Timothy defends insurance companies against extra-contractual claims and has handled matters pertaining to insurance compliance and reporting, construction defects, workers compensation, and employment law.

Timothy earned a Juris Doctor, magna cum laude, from Hamline University School of Law in St. Paul, Minnesota. During law school, Timothy attended the University of Notre Dame's Summer Law Programme in London where he studied carriage of goods by sea and the law of the European Union. Prior to this, Timothy earned a Bachelor of Arts from St. Norbert College in DePere, Wisconsin.

Prior to joining Butler, Timothy served as Staff Attorney (judicial law clerk) for the Sixth Judicial Circuit Court of Florida.

Admissions

  • Florida
  • Minnesota

Recognitions

  • Four CALI Awards for achieving the highest grade in Property, Torts, Insurance Law, and National Security Law

Education

  • St. Norbert College
    Bachelor of Arts
  • Hamline University School of Law
    Doctor of Jurisprudence

Memberships

  • The Florida Bar

Courts

  • Florida Courts (Middle District)
  • Florida Courts (Southern District)

Gavin's Ace Hardware, Inc. v. Federated Mut. Ins. Co., 2011 WL 5104476 (M.D. Fla. 2011)

Hunt v. State Farm Fla. Ins. Co., 112 So.3d 547 (Fla. 2d DCA 2013)

King v. First Liberty Ins. Corp., 2013 WL 561373 (Fla. 2d DCA 2013)

Pacatte v. State Farm Fla. Ins. Co., 2011 WL 9514860 (Fla. Cir. Ct. 2011)

November 23, 2016 PUBLICATIONAwash in AOBs

Hurricane Matthew lashed Florida’s eastern coast in early October causing significant damage to both residential and commercial property.  While Hurricane Matthew is gone, Florida insurers are now bracing for another type of storm, namely a flood of assigned insurance claims in the wake of Hurricane Matthew’s destruction.  Over the past few years, assigned insurance claims – often referred to assignments of benefits or AOBs – have been particularly challenging for first-party property insurers in Florida.  AOBs raise unique issues, including fraud concerns.

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October 18, 2016 PUBLICATIONFollow Up on Assignment of Benefits Litigation in Florida

In the summer of 2016, SLA published an article titled "Assignment of Benefit Litigation in Florida." The article was an introduction to the topic of assignments of benefits ("AOB") in Florida and how they are being used in insurance claims and litigation. Many readers asked for a follow up article that would provide some additional information and analysis on certain AOB topics. This article will spotlight four of those topics and give the reader some additional information and analysis on each of them.

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June 24, 2016 PUBLICATIONAssignment of Benefits Litigation in Florida

Over the past five years, first-party property insurers in Florida have been experiencing a wave of claims and lawsuits by contractors who obtain insurance rights from insureds through document called an assignment of benefits ("AOB"). This article is intended to introduce the reader to this topic and explain some of the challenges facing insurers in dealing with AOBs in Florida. The reader is welcome to contact the author to learn more.

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September 27, 2012 PUBLICATIONThe Troubles Of Trafalgar : Bad Faith In the Absence Of Breach Of Contract

How can a first-party insurer be legally liable for insurance ‘‘bad faith'' if it has already been found not to be liable for breach of the insurance contract? According to at least one Florida appellate court, by paying an Appraisal Award timely.

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Blog Posts

January 11, 2017 BLOG POSTWhat Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive.  Many cases include claims for “bad faith” damages, and some cases seek punitive damages.  To support their allegations, litigants will usually seek a wide-array of documents and testimony.  Accordingly, litigating such matters can also become expensive. 

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October 21, 2016 BLOG POSTButler Podcast: Handling Assignment of Benefit ("AOB") Claims Podcast

Why are AOB claims on the rise in First-Party Property Claims? How do you read an AOB, and what do you look for? What are the bad faith concerns? Which pitfalls are common in these types of claims? Find out the answers in our New Butler Podcast!

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October 20, 2016 BLOG POSTUnderstanding How Insurance Policy Conditions Apply When There is an Assignment of Benefits

Florida first-party property insurers have seen a dramatic rise in assigned insurance claims.  In the typical scenario, an insured assigns her rights to receive insurance proceeds from a loss to a contractor in return for the contractor’s agreement to prevent additional loss or to make repairs. Florida law has allowed assignments of benefits (“AOBs”) for nearly 100 years, so long as the AOB itself satisfies the requirements of a valid contract.

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March 23, 2016 BLOG POSTCourt Addresses AOBs and Appraisal

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit (“AOB”) litigation that has hit Florida over the past four years. Many insurers have been invoking appraisal in an effort to resolve disputes with assignee claimants to prevent lawsuits.

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February 10, 2016 BLOG POSTCourt Reverses Judgment for Insurer Invalidating AOB

Late last week, the Second District Court of Appeal (“2DCA”) issued its opinion reversing a trial court’s final summary judgment in favor of an insurer, which held the contractor’s AOB invalid.  The case is Bioscience West, Inc. aao Gattus v. Gulfstream Prop. & Cas. Ins. Co., No. 53-2013CA-000847, (Fla. 10th Cir. Ct. July 29, 2014).  The appeal number is 2D14-3946.

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January 28, 2016 BLOG POSTCourt Affirms Judgment for Insurer Invalidating AOB

The trial court gave three bases for granting the insurer’s motion for final summary judgment and finding the AOB invalid.  Those bases were (1) that Florida’s Homestead protection renders the AOB invalid because it sought to divest the homeowners of Homestead-protected property; (2) the AOB amounted to an unauthorized public adjusting agreement; and (3) the AOB was not signed by all the named insureds.

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Key Points
Practice Area CASE TYPE
  • Bad Faith
  • Civil Remedy Notices
  • Coverage - First Party Property
  • Coverage - Homeowner's
  • Extracontractual Claims
  • Hurricane Losses
  • Insurance Fraud