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Matthew J. Lavisky is a Partner in the Tampa office. He focuses the majority of his practice on the defense of bad faith and other extra-contractual matters, first-party property claims, class actions and insurance coverage disputes. Matt represents insurers in state and federal trial and appellate courts throughout Florida and in other states.

Matt successfully defended, through summary judgment and appeal, a third-party bad faith claim seeking to recover a judgment of over $500,000,000 entered against the insured. He also successfully defended a first-party bad faith claim resulting in summary judgment in favor of his client and a judgment of over $150,000 in favor of the insurer. Matt also has successfully defended class actions under the Medicare Secondary Payer Act.

Matt is a leader of the defense bar. He serves as the President for the Florida Defense Lawyers Association and was honored with the President’s Award in 2019 and the James A. Dixon Young Lawyer of the Year Award in 2013. Matt was the chair of the first annual Florida Insurance Network Symposium sponsored by FDLA. He also served for six years as chair of the editorial board for the Trial Advocate, FDLA’s legal journal. Matt has presented at FDLA conferences and webinars.

Matt also is a leader in DRI. He currently serves on the Board of Directors as the Southeast Region Director. In 2019, Matt received the G. Duffield Smith Outstanding Publication Award. Matt has published in For the Defense and presented at the Insurance Coverage Practice Symposium, Insurance Roundtable and Annual Meeting. He was the Vice-Chair of DRI’s 2023 Insurance Coverage and Claims Institute and will Chair the 2024 conference.

Matt is an AV peer-rated attorney by Martindale-Hubbell and recognized in Best Lawyers. He also is a graduate of the 2014 International Association of Defense Counsel Trial Academy held at Stanford University.

  • Best Lawyers, 2022 – 2024

Admissions

  • Florida

Recognitions

  • DRI 2018 G. Duffield Smith Outstanding Publication Award
  • Florida Defense Lawyers Association 2013 James A. Dixon Young Lawyer of the Year Award
  • Florida Defense Lawyers Association 2015 Trial Advocate Quarterly Award
  • Florida Defense Lawyers Association 2019 President’s Award
  • AV Rated by Martindale-Hubbell
  • Best Lawyers, 2022, 2023

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)
    Board of Directors, Southeast Region Director, 2023 – Present
    Bad Faith Substantive Law Group, Chair, 2021 – 2022
    ICCI Program Chair, 2024
    ICCI Program Vice-Chair, 2023
  • Federalist Society
    Barry University Chapter President, 2006-2007
  • Florida Defense Lawyers Association (FDLA)Board of Directors, 2018 – 2021 Secretary-Treasurer, 2021-2022
    President-Elect, 2022 – 2023
    President, 2023-Present
  • Hillsborough County Bar Association (HCBA)

Courts

  • United States District Court – Middle District of Florida
  • United States District Court – Southern District of Florida
  • United States District Court – Northern District of Florida
  • United States District Court – Eastern District of Michigan
  • United States Court of Appeals, Eleventh Circuit
  • United States Court of Appeals, Fourth Circuit
  • Florida State Courts

Experiences

Carapella v. State Farm Florida Ins. Co., 2022 WL 2197045 (Fla. 13th J. Cir. 2022), aff’d, 372 So. 3d 324 (Fla. 2d DCA 2023) – order granting summary judgment in third-party bad faith case, affirmed on appeal.

Travelers Prop. Cas. Co. of Am. v. H.E. Sutton Forwarding Co., LLC, — F. Supp. 3d —, 2023 WL 5486746 (M.D. Fla. 2023) – order granting summary judgment in third-party coverage dispute based on aircraft exclusion.

Vachon v. The Travelers Home and Marine Ins. Co., 2023 WL 8468555 (Fla. 13th J. Cir. 2023) – order granting summary judgment in first-party bad faith case based on invalidity of Civil Remedy Notice.

Cassella v. Travelers Home and Marine Ins. Co., 352 So. 3d 1290 (Fla. 2d DCA 2023) – opinion affirming order dismissing underinsured motorist bad faith lawsuit based on invalidity of Civil Remedy Notice.

Berntheizel v. Safeco Ins. Co. of Illinois, 343 F.R.D. 657 (S.D. Fla. 2023) – order dismissing co-defendants based on fraudulent joinder and retaining federal jurisdiction.

Brister v. State Farm Florida Ins. Co., 2023 WL 5016671 (Fla. 5th J. Cir. 2023) – order dismissing lawsuit for bad faith with prejudice based on invalidity of Civil Remedy Notice.

Kerr v. State Farm Florida Ins. Co., 2023 WL 3665178 (Fla. 5th J. Cir 2023) – order dismissing lawsuit for bad faith with prejudice based on invalidity of Civil Remedy Notice.

Dririte USA, Inc. v. Ohio Casualty Ins. Co., 2023 WL 344210 (Fla. 9th J. Cir. 2023) – summary judgment in Builders’ Risk property insurance lawsuit based on vacant building coverage limitation.

Sallies v. The First Liberty Ins. Corp., 2022 WL 17098618 (Fla. 19th J. Cir. 2022) – order granting summary judgment in first-party bad faith case based on choice of law issue.

Tappert v. Florida Family Ins. Co., 2022 WL 17851884 (Fla. 17th J. Cir. 2022) – order dismissing lawsuit for bad faith with prejudice based on invalidity of Civil Remedy Notice.

Penegar v. Liberty Mutual Ins. Co., 2022 WL 3359167 (W.D.N.C. 2022) – order dismissing putative nationwide class action under the Medicare Secondary Payer Act for lack of standing.

Milazzo v. The First Liberty Ins. Corp., 2022 WL 2159371 (M.D. Fla. 2022) – order granting motion to dismiss, with prejudice, eleven count complaint alleging various extra-contractual theories.

Hart v. Travelers Property Casualty Company of America, 610 F. Supp. 3d 785 (E.D.N.C. 2022) – order denying motion to remand based on fraudulent joinder and granting motion to realign parties.

Pines West Chiropractic, Inc. v. Liberty Mutual Ins. Co., 2022 WL 324093 (Fla. 17th J. Cir. 2022) – order striking class allegations from lawsuit for Personal Injury Protection benefits.

Zamora v. State Farm Florida Ins. Co., 2021 WL 4973614 (Fla. 18th J. Cir. 2021) – summary judgment in property insurance bad faith case where no reasonable jury could conclude the insurer acted in bad faith.

Boone v. State Farm Florida Ins. Co., 2021 WL 5106081 (Fla. 9th J. Cir. 2021), aff’d, 363 So. 3 1172 – summary judgment in property bad faith case based on invalidity of Civil Remedy Notice.

Sprinkler Repair Inc. v. Ohio Sec. Ins. Co., 2021 WL 4487902 (M.D. Fla. 2021) – summary judgment in automobile insurance coverage case rejecting coverage by estoppel argument.

Terrell v. Liberty Mutual Fire. Ins. Co., 2021 WL 5106080 (Fla. Orange County 2021) – summary judgment in lawsuit regarding property insurance coverage.

Demase v. State Farm Florida Ins. Co., 2021 WL 3617403 (Fla. 5th J. Cir. 2021), aff’d, 351 So. 3d 136 – summary judgment in property bad faith case based on invalidity of Civil Remedy Notice.

Stann v. First Liberty Ins. Corp., 845 Fed. Appx. 843 (11th Cir. 2021) – opinion affirming denial of motion for attorney fees finding post-suit payments were not confessions of judgment.

Travelers Indem. Co. v. Garcia, 497 F. Supp. 3d 1218 (M.D. Fla. 2020) – summary judgment regarding number of accidents in claim for underinsured motorist coverage.

LM Ins. Corp. v. Occidental Fire & Cas. Co. of N. Carolina,  2020 WL 3578522 (M.D. Fla. 2020) – summary judgment in dispute regarding order of uninsured motorist coverage.

Forthuber v. First Liberty Ins. Corp., 2018 WL 4635639 (M.D. Fla. 2018) – order dismissing, with prejudice, lawsuit for first-party bad faith arising out of a property insurance claim.

Aviation One of Florida, Inc. v. Airborne Ins. Consultants (PTY), Ltd, 722 Fed. Appx. 870 (11th Cir. 2018) – opinion affirming order of dismissal under the doctrine of forum non conveniens based on forum-election clause.

Welford v. Liberty Mut. Ins. Co., 713 Fed. Appx. 969 (11th Cir. 2017) – summary judgment in third-party bad faith case affirmed on appeal.

Liberty Mut. Fire Ins. Co. v. Wal-Mart Stores E., LP, 269 F. Supp. 3d 1254 (M.D. Fla. 2017) – partial summary judgment in subrogation action finding tenant of insured breached duty to indemnify insured.

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 J. 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.

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

Media

Partner Matthew Lavisky – Chair for 2024 DRI ICCI

Join Partner Matthew Lavisky at the DRI Insurance Coverage and Claims Institute, March 13-15, 2024, in Chicago, IL. Stay informed about industry trends, get litigation guidance, and network with top professionals in insurance coverage law. Click here to learn more about the event....

Matt Lavisky – DRI Southeast Region Director

Please join us in congratulating Tampa Partner Matt Lavisky for being appointed to the DRI's Board of Directors as their Southeast Region Director. The DRI is the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation. Click here to learn more....

Florida Tort Reform: How Working with Defense Counsel and Policy Organizations Can Deliver Results

Join Tampa Partner Matt Lavisky and co-presenter William Large of the Florida Justice Reform Institute for the DRI 2023 Annual Meeting on October 27, 2023, in San Antonio, TX. Click here to learn more....

Partner Matt Lavisky – Chair of the 2024 DRI ICCI

Congratulations to Tampa Partner Matt Lavisky for being appointed Chair of the 2024 DRI Insurance Law Committee's Insurance Coverage and Claims Institute! This program is considered the DRI's flagship seminar for insurance executives, claims professionals, and outside counsel. Visit the DRI website to learn more....

Best Lawyers – 2024 Edition

Join us in congratulating our attorneys who were recognized in the 2024 Best Lawyers publication! Click on their icons to learn more. Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal ...

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Ethically and Persuasively Advocating before Trial and Appellate Judges

Join Partner Matt Lavisky and co-panelists Judge Suzanne Labrit and Judge William Matthewman as they present on a panel for the Florida Defense Lawyers Association (FDLA) on Friday, August 18, 2023. This moderated panel will discuss tips to effectively and ethically advocate for a client....

Butler Proudly Sponsors 2023 FDLA FINS

We are proud to be a Founder Sponsor for the 2023 FDLA Florida Insurance Network Symposium! This event is being held from August 10-11, 2023 at the Renaissance Tampa International Plaza Hotel. Click here to learn more. Several of our attorneys will be attending the event. Click their bios to learn more....

HB 837 Tort Reform Changes: A View from Both Sides

Join Partner Matt Lavisky as he presents with Todd Michaels (The Haggard Law Firm) for the Florida American Board of Trial Advocates (FLABOTA) 25th Annual Convention on July 27-30, 2023. This event will take place at the Hyatt Regency Grand Cypress Resort in Orlando, FL. Click here to visit their website and learn more....

Partner Matt Lavisky Announced as President of FDLA

Please join us in congratulating Tampa Partner Matt Lavisky for being elected President of the Florida Defense Lawyers Association (FDLA) at their 2023 Florida Liability Claims Conference. Matthew's extensive experience in insurance litigation, coupled with his remarkable leadership skills, make him the perfect choice to steer the Florida Defense Lawyers Association into a promising future. Congr...

Matthew Lavisky Panelist at Florida Law Con

Join Partner Matthew Lavisky and a panel of other legal professionals for the 2023 Miami Bar Association Florida Law Con where they will provide informative programming that can benefit lawyers, judges, and others in the legal community from all over the state. This event will be a digital event taking place on March 31, 2023. Click here to learn more about the event....

Partner Matthew Lavisky at the 2023 DRI Insurance Roundtable

We are pleased to announce that Tampa Partner Matt Lavisky and co-presenter Bonnie Guth (Munich Reinsurance America, Inc.) will present at the DRI Insurance Roundtable. The Roundtable is attended by 50 – 60 high-end insurance executives and allows for more of a discussion/dialogue/problem-solving session than typical seminars. It will take place March 7-8 in Chicago, IL for a full day preceding ...

Flood vs. Wind Claims Following Hurricane Ian Webinar

Partner Matthew Lavisky and co-presenters Ryan Jones (Traub Lieberman) and Paul McCullough (S.E.A. Ltd.) will be presenting for the FDLA on the topic of Flood vs. Wind Claims Following Hurricane Ian on February 23, 2023. This webinar will discuss issues relating to flood and wind claims arising out of Hurricane Ian. The panel of two lawyers and a professional engineer will discuss the legal pri...

Major Florida Property Insurance Reform

Partners, Thomas Keller and Matthew Lavisky will address the major changes contained in Senate Bill 2A. The focus will be on adjusting claims and the changes that impact handling, as well as litigation and claims management. Wednesday, December 21, 2022 @ 12:00 PM EST This program was intended for insurer-side claims professionals only. We reserve the right to decline requests.  ...

Wind v. Flood in the Wake of Hurricane Ian

In late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state.  The storm brought with it significant storm surge that caused substantial flooding.  The storm also was accompanied by high winds that caused damage. Many property insurance policies provide coverage for wind, but exclude damage caused by flood. Distinguishing between the damages caused b...

Butler Proudly Sponsors DRI 2022 Annual Meeting

We are proud to be a sponsor for the DRI 2022 Annual Meeting. This event takes place from October 25-28, 2022 in Philadelphia, PA. Partners Pablo Cáceres, Matthew Lavisky and Kathy Maus will be in attendance. We hope to see you there! Learn more about the event here....

Hurricane Ian Webinar Series Episode 4 – Flood vs. Wind Claims Following Hurricane Ian

Our latest webinar series will inform you on issues that may arise during adjustment of Hurricane Ian claims. In the fourth part of this series, Partners David Maldoff and Matthew Lavisky, along with SEA's Paul McCullough, will provide a discussion of issues relating to flood and wind claims arising out of Hurricane Ian. Monday, October 31, 2022 @ 12:00-1:00 PM EST This program is intended for ...

Hot Topics in Bad Faith: Consent Judgments, Problem States, Time Limited Demands and More

Join Partner Matthew Lavisky and co-presenter Aaron Singer (The Hartford) as they present for the 2022 Insurance Coverage and Practice Symposium on December 9, 2022 in New York, NY. Partner Pablo Cáceres will be in attendance. At DRI's Insurance Coverage and Practice Symposium, you will learn about the biggest challenges and opportunities facing our industry. Their faculty of insurance industry...

Best Lawyers – 2023 Edition

Join us in congratulating our attorneys who were recognized in the 2023 Best Lawyers publication! Click on their icons to learn more. Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal ...

Matthew Lavisky Named President-Elect for FDLA

Please join us in congratulating Tampa Partner Matthew Lavisky for being named President-Elect for the Florida Defense Lawyers Association (FDLA) on June 16th, 2022. The Florida Defense Lawyers Association was formed in April 1967 to represent the interests of lawyers in private practice whose focus is primarily the defense of civil matters. Click here to learn more....

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her Attorneys

A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage.1  However, attorney’s fees from the underlying lawsuit can be recovered as an element of damages in a lawsuit for statutory bad faith, which is brought after the lawsuit for UM benefits resolves favorably to ...

Removing Your Case to Federal Court and Keeping it There (Article)

Defendants often prefer that their cases be heard in federal court. Rice, Jill Cranston, The Federal Rules are Right for our State Courts, 59 No. 5 DRI For Def. 13 (May 2017). We assume your client shares this preference. This article provides a go-to reference for young practitioners and helpful pointers for senior lawyers to remove your case to federal court and keep it there. The Basics – Re...

Marketing in the New Normal

Join Partner Matthew Lavisky and co-presenters Margaret Grisdela (Legal Expert Connections, Inc.) and Frank Ramos (Clarke Silverglate, PA) as they present for the 2021 Law Firm Leaders Summit on September 24, 2021. Together, they will provide a discussion on developing business in a post-Covid world where less personal contact will be the new normal. ...

More than one collision, but how many accidents?

Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist (“UM”) coverages. Insurance policies often contain language providing that the applicable coverage limit is the most the insurer will pay in any one accident regardless of the number of vehicles involved. This seem...

Recognizing the Best Lawyers in America 2022

Please join us in congratulating our Partners for being recognized on “The Best Lawyers in America” list for 2022. Recognition in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, their publications have earned the respect of the profession, the media, and the public, as the m...

Matt Lavisky | Florida Defense Lawyers Association Secretary-Treasurer

Join us in congratulating Partner Matt Lavisky for being selected Secretary-Treasurer of the Florida Defense Lawyers Association. This is an incredible honor and we are proud of Matt's hard work and dedication to his craft. The Florida Defense Lawyers Association (FDLA) is a state organization of Lawyers involved in the defense of civil litigation....

How will Florida’s amended summary judgment standard affect bad faith cases?

The Florida Supreme Court ended 2020 with a bang!  The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard.  This change will affect different types of civil litigation in varying ways.  Here, we discuss how the change will affect bad faith litigation.  Background of the amendment  In 2019, Florida’s Fifth District Court of Appeal dec...

From AOBs to Bad Faith – Past and Potential Legislation

Partner Matthew Lavisky and co-presenter Michael Beltran (Ansa Assuncao LLP) presented “From AOBs to Bad Faith: Past and Potential Legislation” for the Florida Insurance Network Symposium (FINS) on October 6, 2020....

Local Florida Governments have Issued Orders Suggesting Covid-19 caused Property Damage

DOES THIS MATTER FOR INSURANCE POLICY INTERPRETATION? Florida Governor Ron DeSantis issued an Executive Order declaring a state of emergency due to COVID-19.  Many Florida cities and counties have issued their own orders to reduce the spread of the virus.  At least two of the orders contained language that was curious to those connected to the property insurance industry. Broward County Emerge...

Butler Sponsors DRI Insurance Coverage and Practice Symposium

Butler is proud to be a sponsor for the DRI Insurance Coverage and Practice Symposium on December 5, 2019, in New York, New York. This year’s symposium will give attendees the opportunity to: Engage with a distinguished faculty of insurance industry leaders, experts, and coverage lawyers. Be informed on emerging issues, recent court rulings, national trends, and the future of insurance co...

Partner Matt Lavisky Awarded the G. Duffield Smith Outstanding Publication Award

Partner Matt Lavisky and Toni Frain of Liberty Mutual have been awarded the G. Duffield Smith Outstanding Publication Award at the 2019 DRI Annual Meeting. They received the prestigious award for their article titled “Fighting Removal Spoiler Claims Against Adjusters, Attorneys, and Agents in Bad Faith Lawsuits” which was published in DRI's For The Defense publication in 2018. ...

Matthew Lavisky – Winner of the 2019 FDLA President’s Award

Join us in congratulating Partner Matthew Lavisky for winning the FDLA's 2019 President's Award. This award is presented annually by the Florida Defense Lawyers Association (FDLA) for outstanding service. The Florida Defense Lawyers Association (FDLA) is a state organization of Lawyers involved in the defense of civil litigation....

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...

Matthew Lavisky Named Event Chair for Fins

Partner Matt Lavisky has been named Event Chair for the FDLA's first annual Florida Insurance Network Symposium (FINS). Congratulations, Matt! This event will take place on August 15—16, 2019 at the Sheraton Tampa Riverwalk....

Introducing the New Florida Supreme Court (from an Insurance Perspective)

Ron DeSantis, the newly sworn Governor of the State of Florida, was given a unique opportunity to remake the Florida Supreme Court within his first days of office. Three of the seven justices of the Florida Supreme Court were forced to step down in the first days of January 2019 due to mandatory retirement. Those justices were Barbara Pariente, Peggy Quince, and Fred Lewis. These three justices ge...

Fighting Removal Spoiler Claims Against Adjusters, Attorneys, And Agents In Bad-Faith Lawsuits

This article is originally a publication of the DRI, October 2018. Legal opinions may vary when based on subtle factual differences. All rights reserved. Partner Matthew Lavisky wrote an article titled "Fighting Removal Spoiler Claims Against Adjusters, Attorneys, and Agents in Bad-Faith Lawsuits" for the DRI. This article discusses cases permitting and prohibiting lawsuits against adjusters. ...

Challenges and Strategies Defending Florida Property Insurance Claims – 2018 WEBINAR

Partner Matthew Lavisky held a discussion on Florida property insurance trends and recent case law. In this presentation, he covered topics including defenses to lawsuits for breach of contract and case law developments regarding first-party bad faith. Approved for 1.5 FL Bar Credits. This webinar was hosted by the Florida Defense Lawyers Association....

Matthew Lavisky Elected to the Board Of Directors for the Fdla

Congratulations to Partner Matthew Lavisky for being elected to the Board of Directors for the FDLA! The Florida Defense Lawyers Association was formed in April 1967 to represent the interests of lawyers in private practice whose focus was primarily the defense of civil matters. Over 1000 strong, FDLA now extends membership to lawyers employed by public agencies and private corporations. The FDLA...

Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases

Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes. The plain text of the statute requires a “judgment” against the insurer. In Wollard v. Lloyd's & Companies of Lloyd's, 439 So. 2d 217 (Fla. 1983), however, the Florida Supreme Court held that an insurer’s post-suit...

Nbi’s Advanced Insurance Bad Faith Seminar

Join Partner Matthew Lavisky as he presents Strategic Discovery in Bad Faith Lawsuits on Wednesday, August 15, 2018 at the National Business Institute's Advanced Insurance Bad Faith Seminar....

Good-Faith Claim Handling In Florida – Part Ii

This article is originally a publication of the Southern Loss Association's Newsletter, June 2018. Legal opinions may vary when based on subtle factual differences. All rights reserved. This article is a continuation of the "Good-Faith Claim Handling in Florida" article that appeared in the Southern Loss Association Newsletter in February 2018. That article discussed the history and background ...

Defending first-Party Property Bad Faith Lawsuits

Lawsuits for First-Party Property bad faith presented unique challenges to Florida insurers. In Part Two of this webinar series, common issues insurers face when defending these lawsuits have been discussed. We explored allegations commonly made by insureds and their attorneys to support bad faith lawsuits, the damages recoverable by a successful plaintiff, discovery, and strategies for defending...

Defending first-Party Property Bad Faith Lawsuits

Lawsuits for First-Party Property bad faith presented unique challenges to Florida insurers. In Part Two of this webinar series, common issues insurers face when defending these lawsuits have been discussed. We explored allegations commonly made by insureds and their attorneys to support bad faith lawsuits, the damages recoverable by a successful plaintiff, discovery, and strategies for defending...

First-Party Property Bad Faith in Florida – Podcast

Matthew Lavisky hosted a Webinar on the topic "First-Party Property Bad Faith in Florida".  Increasingly, property insurers in Florida are being sued for bad faith. What accounts for this increase? Mainly, it has been driven by recent appellate court decisions that have eroded and all but eliminated any prerequisites to bad faith actions. In part one of this two-part webinar series, we will out...

First-Party Property Bad Faith in Florida – Podcast

Increasingly, property insurers in Florida are being sued for bad faith. What accounts for this increase? Mainly, it has been driven by recent appellate court decisions that have eroded and all but eliminated any prerequisites to bad faith actions. In part one of this two-part webinar series, we will outline the legal environment created by those decisions; attempt to define “bad faith”; explo...

Good-Faith Claim Handling In Florida

This article is originally a publication of Southern Loss Association, Newsletter February 2018. Legal opinions may vary when based on subtle factual differences. All rights reserved. Like many states, Florida law allows a person under a first-party insurance contract to sue an insurer if the person has been damaged by certain actions often referred to as "bad-faith" claim handling practices. Th...

Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins. Co., --- Fed. App’x ---, 2017 WL 5899784 (11th Cir. November 29, 2017). The District Court order can be found at Welford v. Liberty Ins. Corp., 190 F. Supp. 3d 1085 (N.D...

2017 Dri Insurance Coverage And Practice Symposium – Hot Topics In Problem Jurisdictions

Matthew Lavisky from Butler Weihmuller Katz Craig along with co-presenter Dan D. Kohane presented in New York, NY at the 2017 DRI Insurance Coverage and Practice Symposium on the topic of "Hot Topics in Problem Jurisdictions". The latest first and third-party challenges for insurers in Florida and New York, including partial disclaimers, “assignment of benefits,” additional insured obligati...

Existing Tools To Curb Runaway Attorney Fee Awards

This article is originally a publication of Trial Advocate Quarterly. Legal opinions may vary when based on subtle factual differences. All rights reserved. Florida provides one of the most generous insurance fee-shifting mechanisms in the nation.  The lure of a large attorney fee award has spawned the very litigation that the fee-shifting statute was intended to avoid.  It is common for atto...

Why Butler?

Watch as Partner Matthew Lavisky explains why Butler Weihmuller Katz Craig was his first choice. ...

Liability 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...

Florida Defense Lawyers Association “Young Lawyer of the Year” Award

The firm is pleased to announce that Matt Lavisky has been awarded the FloridaDefenseLawyersAssociation "Young Lawyer of the Year" award. This year, Matt also served as chair of the editorial board for the FDLA Journal. Please join us in congratulating this well-deserved achievement. FLORIDA DEFENSE LAWYERS ASSOCIATION...

Matthew Lavisky