Samantha Wuschke
Associate | Tallahassee
swuschke@butler.legal
850-894-4111
About | Credentials | Media | Print | Share
Samantha P. Wuschke is an Associate at Butler Weihmuller Katz Craig’s Tallahassee office, litigating cases based in liability, including, but not limited to, litigation regarding construction defects, automobile accidents, and slip-and-fall, first-party property coverage, extra-contractual claims, and third-party coverage. With a background in complex litigation, commercial disputes, appeals, a range of insurance matters, criminal law, and employment law, she brings a wealth of experience to her practice. While with Butler Weihmuller Katz Craig, Ms. Wuschke has worked on pre-litigation matters, prepared cases from inception through trial, participated in trial, and prepared post-trial motions to preserve issues for appeal. Ms. Wuschke has extensive experience arguing various motions before state and federal courts—she is admitted in Florida, the Northern District of Florida, the Middle District of Florida, and the Southern District of Florida. Additionally, Ms. Wuschke has appeared pro hac vice, working alongside local counsel, in Mississippi and Alabama federal courts on several first-party property coverage and bad faith cases.
Ms. Wuschke was a Fellow for the Appellate Practice Section of the Florida Bar between 2023 and 2024, during which time she engaged in pro bono appellate representation through the Defending Best Interest Program and wrote a two articles for Appellate Practice Section publications, the Record and the Florida Bar Journal. On January 22, 2024, the Record published Ms. Wuschke’s article titled “2023 in Review: Amendments to the Florida Rules of Appellate Procedure,” and the Florida Bar Journal published her article, “Tipsy Coachman Trends Requiring Appellee Preservation,” in the July/August 2024 edition. In 2025, Ms. Wuschke earned Butler Weihmuller Katz Craig’s Impact Award for her contributions to producing scholarly content for the legal and insurance industries, not only for her appellate publications, but also for writing and publishing several blogs on the firm’s website. Additionally, she is an alumnus of the American Inns of Court for the First District Court of Appeals.
Admissions
- Florida
Education
- Florida State University
Bachelor of Science
Bachelor of Arts
- Florida State University College of Law
Doctor of Jurisprudence
Media
Butler Presents the IMPACT Award for 2024
Butler’s Media Committee recently selected the recipient of the 2024 IMPACT Award, marking the firm's fifth year presenting the award. The word “IMPACT” stands for Insightful Marketing Promoting Attorney-Client Trust. Butler has a long tradition of legal scholarship. This award recognizes an Associate or Senior Associate with exceptional dedication to legal scholarship and outs...
Samantha Wuschke Article Featured in The Florida Bar
Tallahassee Associate Samantha Wushcke recently authored an article titled "Tipsy Coachman Trends Requiring Appellee Preservation" for the Florida Bar website, where she addresses recent trends in Florida’s intermediate appellate courts applying the tipsy coachman doctrine to affirm on alternative bases decisions by lower courts that are “right for the wrong reasons.” This article first a...
Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability policy’s Professional Services exclusion, the U.S. Eleventh Circuit Court of Appeals has held. In Colony Insurance Company v. Coastal Construction Management, LLC, et ...
Federal Court Applying Alabama Law Finds That Insurer Has No Duty To Defend Failure-to-disclose Action
The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer's duties to defend and indemnify are separate and distinct. Indeed, a finding by a court that an insurer is obligated to defend its insured against the allegations in an underlying complaint does not mean that it must also indemnify its ins...
Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim. The Fourth District Court of Appeal recently held that plaintiffs are not entitled to attorney’s fees if a...
