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A Partner at Butler, David B. Krouk is the practice group leader for the firm’s Extra-Contractual claims department.  He practices in our Casualty Defense Litigation, Coverage Defense, and Extra-Contractual claims departments. David joined the firm in 2001.  His practice focuses on representing insurance carriers in the defense of extra-contractual litigation, coverage disputes and the management of difficult pre-suit claim handling scenarios.  The focus of his practice is on extra-contractual issues arising from automobile liability claims, including insurer bad faith and uninsured motorist bad faith claims.  He also frequently litigates issues pertaining to federal court removal and jurisdictional battles over the venue for litigation of coverage and bad faith claims.

In addition, David advises clients concerning extra-contractual exposure pre-suit.  He often assists the carrier in handling difficult matters such as multiple claimant exposures, complex time demands, and excess exposure claims.

David is a frequent lecturer at insurance industry events on issues pertaining to bad faith and insurance coverage. He has also published numerous articles, including “Breaking Down Privileges: Discovery of the Claim File In Florida Bad-Faith.”

David earned his Doctor of Jurisprudence degree, with honors, from the University of Florida in 1992. While at the University of Florida law school, he was a member of the Moot Court Team. He also earned his Bachelor of Arts degree in Philosophy from Emory University in 1989.  He is admitted to the Florida bar, all Federal courts in Florida, the United States Court of Appeal for the Eleventh Circuit and the United States Supreme Court.

Admissions

  • Florida

Education

  • Emory University
    Bachelor of Arts
  • University of Florida
    Doctor of Jurisprudence

Memberships

  • Defense Research Institute (DRI)
  • Florida Defense Lawyers Association (FDLA)
  • Property and Liability Research Bureau

Courts

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

Experiences

REPRESENTATIVE CASES

Aboy v. State Farm, 394 Fed. Appx. 655 (11th Cir. 2010)— opinion affirming summary judgment in favor of insurance company in third-party bad faith case, finding that without damages likely in excess of policy limits, duty to initiate settlement negotiations does not apply.

Bell v. State Farm, 30 So.3d 684 (Fla. 4th DCA 2010)—opinion affirming dismissal of fraud and bad faith claims against insurance company, finding that “blue sky” letter need not be disclosed under the disclosure statute.

Capron v. Steadfast Ins. Co., 2010 WL 1837753 (M.D. Fla. 2010)—order dismissing coverage claim against insurer based on pollution exclusion contained in CGL policy.

Founders Ins. Co. v. Tome, 878 F.Supp.2d 1266 (M.D. Fla. 2012)—order granting summary judgment in favor of insurer finding no duty to defend or indemnify under liquor liability policy.

Garbutt v. Lafarnara, 795 So.2d 957 (Fla. 2001) – opinion reversing seven-figure judgment and holding that motion for mistrial made after plaintiff’s improper closing argument preserved the error for review.

Kropilak v. 21st Century Security Ins. Co., 806 F.3d 1062 (11th Cir. 2015)— opinion affirming jury verdict in favor of the insurance company defendant in a third party bad faith action, and holding that an insurance company has no good faith duty to enter into a consent judgment agreement or “Cunningham” agreement in excess of the policy limits.

Lahey v. State Farm, 2007 WL 2029334 (M.D. Fla. 2007)—order denying motion to remand bad faith case to state court, finding that bad faith claim amended to previous uninsured motorist claim was independently removable to federal court.

Mendez v. Unitrin Direct, 622 F.Supp.2d 1233 (M.D. Fla. 2007)—order granting new trial in third-party bad faith case, vacating excess judgment against insurance company, finding it improper for plaintiff to argue that the jury was to decide who should pay the excess judgment.

Welford v. Liberty Ins. Corp., 2017 WL 5899784 (11th Cir. 2017) — opinion affirming order granting summary judgment in favor of insurance company defendant in a third party bad faith case, finding that without clear liability on the insured, the insurer does not have an affirmative duty to initiate settlement negotiations.

Media

Evaluating and Negotiating Complex Bodily Injury and Wrongful Death Claims

Join Partner David Krouk as he presents "Evaluating and Negotiating Complex Bodily Injury and Wrongful Death Claims" for the PLRB Virtual Conference and Expo for Claims Professionals on October 28, 2020. This course will cover the following: Describe claim investigation techniques for pre- and post-litigation bodily injury and/or wrongful death claims, including proper injury evaluations Id...

From Cunningham to Coblentz – the Pros and Cons of Consent Judgments

Join Partner David Krouk as he presents "From Cunningham to Coblentz – the Pros and Cons of Consent Judgments" for the 2020 FDLA Virtual FINS Conference. This presentation will be available as a webinar....

Harvey V. Geico Gen. Ins. Co. – Where Do We Go From Here?

Anthony Russo, David Krouk, Matthew Lavisky and Mihaela Cabulea presented "Harvey v. GEICO Gen. Ins. Co. - How bad is it, and where do we go from here?" This presentation took place in Disney's Boardwalk Inn on June 6, 2019. This panel of experienced bad faith attorneys discussed the landscape of third-party bad faith claims in Florida following the Supreme Court's recent opinion in Harve...

Reservation Of Rights & Declination Letters

Partner David Krouk and David Jarrett of Western Reserve Group presented "Reservation of Rights & Declination Letters" at the PLRB Claims Conference & Insurance Services Expo in Indianapolis, IN on April 2—3, 2019. This presentation: Recognized when a reservation of rights letter is needed Identified the components and content of a reservation of rights letter Described how to ...

Claims Handling Landmines In Complex Auto Liability Claims

Partner David Kouk presented at the PLRB Large Loss Conference on the topic "Claims Handling Landmines in Complex Auto Liability Claims" on November 27, 2018. David examined various scenarios in a catastrophic injury claim involving multiple exposures and limited coverage that could expose insurers to extracontractual liability....

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Fdla Claims Conference – Uninsured Motorist Bad Faith Claims: Before, During And After Fridman V. Safeco

Partner David Krouk is presenting at the FDLA Liability Claims Conference on the topic "Uninsured Motorist Bad Faith Claims: Before, During and After Fridman v. Safeco" on June 8, 2018, in Lake Buena Vista, FL.  ...

| Identifying And Avoiding Typical Bad Faith Traps And Set Ups In Claim Handling

Partner David Krouk will present "Identifying and Avoiding Typical Bad Faith Traps and Set Ups in Claim Handling” at the CLM Tampa Chapter Meeting on May 3rd, 2018....

Plrb Claims Conference- Uninsured Motorist Claims: Complex Issues

 David Krouk's presented on "Uninsured Motorist Claims: Complex Issues" at the PLRB Claims Conference in Orlando on April 16th and 18th.  David's presentation gave insight on:  Recognizing complex issues in uninsured and underinsured motorist claims handling  Exploring approaches to resolving the complex issues  Assessing when litigation will be necessary to resolve the difficult cla...

5th Annual Bad Faith Claims & Litigation Strategies Execusummit – Who Is Afraid Of The Big Bad Wolf?

Kathy Maus and David Krouk from Butler Weihmuller Katz Craig along with co-presenter Beth Zaro Green presented in Uncasville, CT at the 5th Annual Bad Faith Claims & Litigation Strategies ExecuSummit on the topic of "Who is Afraid of the Big Bad Wolf?" This 2—part program compared elements of 1st & 3rd party insurance and Bad Faith laws between states and show how the fear of bad faith...

Plrb Claims Conference & Insurance Services Expo

David Krouk spoke at the 2016 Claims Conference & Insurance Services Expo on April 17—20, 2016 in San Antonio, TX. David's topic was, “Uninsured Motorist Claims: Facing Complex Issues.”...

Florida UM and Bad-Faith Litigation: Trial Court Options/Appellate Remedies

Anthony J. Russo, Esq. (Tampa) Florida Bar Board Certified Specialist in appellate practice, and David Krouk, Esq. (Tampa) of Butler Weihmuller Katz Craig LLP, will discuss trial court alternatives and appellate court remedies when responding to Florida's multi-count UM pleading practice....

Plrb Large Loss Conference

David Krouk will be speaking at the PLRB Large Loss Conference, October 28—30, 2015, in Washington DC.  David's topic is, “Claims Handling Landmines in Complex Liability Claims.”...

2015 Bad Faith Litigation Strategies Execusummit – Spring Session

David Krouk spoke at the 2015 Bad Faith Litigation Strategies ExecuSummit - Spring Session on May 5—6,  2015 in Ucasville, CT. David's topic was "Bad Faith Litigation involving claims for Uninsured and Underinsured Motorist Coverage."...

Plrb Claims Conference

David Krouk spoke at the 2015 PLRB Claims Conference on March 29—April 1, 2015 in Anaheim, CA. David's topic was, "Complex Issues in Uninsured/Underinsured Motorist Claims. "...

Bad Faith Litigation Strategies Execusummit

David Krouk spoke at the Bad Faith Litigation Strategies ExecuSummit November 4—5, 2014 in Uncasville,CT. His topic was, "Bad Faith Issues."...

Plrb Regional Adjusters Conference

David Krouk spoke at the PLRB Regional Adjusters Conference October 29 & 30, 2013 in Concord, NC. David's topic was, "Expected or Intended Conduct: Is It an Occurrence? "...

Plrb Regional Adjusters Conference

David Krouk spoke at the PLRB Regional Adjusters Conference September 10 &11, 2013 in DesMoines, Iowa. David's topic was, "Expected or Intended Conduct: Is It an Occurrence?"...

Plrb Regional Adjusters Conference

David Krouk spoke at the PLRB Regional Adjusters Conference June 11 & 12, 2013 in Garden Grove, California. David's topic was, "Expected or Intended Conduct: Is It an Occurrence? "...

Plrb/Lirb 2011 Regional Adjusters Conference

David Krouk presented the Expected or Intended Conduct session at PLRB/LIRB 2011 Regional Adjusters Conference....

Plrb/Lirb 2011 Regional Adjusters Conferences

David Krouk and Steve Rawls presented at the PLRB/LIRB 2011 Regional Adjusters Conferences....

Breaking Down Privileges: Discovery Of The Claim File In Florida Bad-Faith Actions

This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 23, #22 (March 25, 2010). © 2010   [Editor's Note: David B. Krouk is a partner with the law firm of Butler Weihmuller Katz Craig LLP with offices in Tampa, Tallahassee, Miami, Mobile and Charlotte. He is an experienced trial and appellate lawyer in the firm's Liability and Extra...

The Current State Of Comparative Bad Faith

This is one of a series of articles under the by line "Butler on Bad Faith" originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 16, #24, p. 32 (April 16, 2003). © Copyright Butler 2003.  I. Does the Duty of Good Faith and Fair Dealing Go Both Ways? In most every jurisdiction, the basis for a claim of insurer bad faith is the recognition of a duty of good faith and fai...

Time Bombs

This is one of a series of articles under the by line "Butler on Bad Faith" originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 16, #12, p. 20 (October 23, 2002). © Copyright Butler 2002. I.   Introduction Insurers find nothing more frustrating than paying for unearned indemnification dollars. In a first-party context this may result from unreported values causing a...

Resolution Of The Underlying Claim As A Prerequisite To Bad Faith

This is one of a series of articles under the by line "Butler on Bad Faith" originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 14, #24, p. 25 (April 18, 2001). © Copyright Butler 2001.  In every jurisdiction that has considered the issue, a claim for bad faith does not accrue until there has been a final determination of the underlying claim for insurance benefits or ...

David Krouk