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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 Lead Chair for Claims and Litigation Management’s Subrogation Committee.

Admissions

  • Florida

Education

  • University of Florida
    Bachelor of Arts, With High Honors
  • University of Tennessee
    Doctor of Jurisprudence, With Honors

Memberships

  • Claims and Litigation Management Alliance (CLM)
  • Hillsborough County Bar Association (HCBA)
  • Loss Executives Association (LEA)
  • National Association of Subrogation Professionals (NASP)
  • Southern Loss Association (SLA)
  • The George Edgecomb Bar Assocation (GEBA)

Courts

  • Florida’s Federal Court for the Southern District
  • Florida’s Federal Court for the Middle District
  • Florida’s Federal Court for the Northern District

Experiences

REPRESENTATIVE CASES

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.)

In re September 11 Property Damage Litigation, 650 F. 3d 145 (2nd Cir. 2011) (subrogation claim arising from the 9/11 terrorist attack on the World Trade Center, which resulted in the landmark $1.2 billion settlement.)

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.)

Owners Ins. Co. v. Hartford Fire Ins. Co., 884 So. 2d 382 (Fla. 2d DCA 2004) (equitable subrogation claim by a primary insurer against an excess insurer. The court determined the primary insurer’s right to reimbursement and also prejudgment interest.)

Plantation Key Office Park, LLLP, et. al. v. Pass International, Inc., et. al., 110 So. 3d 505 (Fla. 4th DCA 2013) (subrogation lawsuit arising from a fire at an office complex under construction. Contractor’s defense via an AIA 201 subrogation waiver was subject to invalidation due to reformation of contract. Damages exceeded $5.0 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.)

World Trade Properties LLC, et. al. v. QBE Int’l Ins. Ltd., et. al., 627 Fed. Appx. 10 (2nd Cir. 2015) (declaratory judgment action concerning the interpretation of insurance policy provisions and the application of the “made whole rule.”)

World Trade Center Props., LLC v. Certain Underwriters at Lloyd’s, London, Syndicates Numbered 1212, 79, 2791,et. al., 328 F. Supp. 3d 178 (S.D.N.Y. 2018) (final summary judgment granted concerning the application of the “made whole rule” and the applicable insurance policy language).

Media

Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured retentions.  In City of Asbury Park v. Star Insurance Company, a case of first impression in New Jersey, the United States Court of Appeals for the Third Circuit certified the following question:  “Whether, under equitable principles …, the made-whole doctrine applies to f...

Subro Sense Podcast – Made Whole Rule: Lessons Learned from the 9/11 World Trade Center Litigation

The litigation ensuing from the catastrophic events of 9/11 highlighted the importance of addressing “Made Whole” considerations when evaluating subrogation claims. Butler’s Managing Partner, Scott Katz and Partner, Jessica Skarin join host, Aaron Jacobs to share four critical Made Whole Rule lessons to be learned from the World Trade Center litigation. Listen to the podcast below.  ...

Metrics, Analytics And Ai, Oh My!

Partner Scott Katz presented "Metrics, Analytics and AI, Oh My!" in a panel for the 2019 CLM Annual Conference in Orlando, Florida on March 14, 2019. This panel discussed data tracking from the carrier and firm perspective, as well as how data analysis will influence future decisions and behavior....

Managing Partner Scott Katz Is The Facilitator For The Lea Spring & Education Conference

Managing Partner, Scott Katz will be facilitating a discussion on "Data Analytics: Drilling Down on the Trends that Matter for Litigation Management and Claims Management" at the LEA Spring & Education Conference in Newport, RI, on June 7—8, 2018.  This program addresses the ever-increasing use of data collection by commercial -property insurers: Data collection significantly impacts “cl...

Clm 2017 Annual Conference-1

Scott Katz from Butler Weihmuller Katz Craig along with co-presenters Robert Biagi, Donald Liskov, and Tracy Yaun, presented in Nashville, TN at the CLM 2017 Annual Conference on the topic of "Data Analytics - Drilling Down on the Trends that Matter, or Should Matter...to You!" on March 30, 2017. ...

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Scott Katz was Appointed the Lead Chair for the Claims and Litigation Management’s Subrogation Committee

Scott Katz was appointed the Lead Chair for the Claims and Litigation Management’s Subrogation Committee. The CLM is the largest professional association in the insurance industry with a membership of more than 35,000 professionals in the claims resolution and litigation management industries. Congratulations, Scott!...

Being A Leader: Effective Leadership Skills For Subrogators

Scott Katz spoke at the NASP 2016 Annual Conference this October, on the topic of "Being a Leader: Effective Leadership Skills for Subrogators"....

Loss Executives Association’s (Lea) 85th Celebration | Market Share Losses: Conflicts And Controversies

Scott Katz and Dean Rauchwerger presented at the Loss Executives Association's (LEA) 85th Celebration on January 25—27, 2015 in Tampa, FL. Scott and Dean's topic was, "Market Share Losses: Conflicts and Controversies.”...

Scott Katz Appointed as Clm’s Subrogation Committee Co-chair

Scott Katz was recently appointed as the Subrogation Committee Co-Chair of the Claims and Litigation Management Alliance. The Claims and Litigation Management (CLM) Alliance is the only national organization created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has more than 25,000 Members and Fellows. Butler has been a ...

Butler Breakfast & Educational Seminar

Scott Katz and Jerry Albrecht spoke at the Lloyd's Library in London, England on November 18, 2014.  Jerry's topic was, "Bad Faith: From Ruse to Reality." Scott's topic was, "The Made Whole Rule: Lessons Learned from the World Trade Center Litigation." ...

Nasp 2014 Annual Conference

Scott Katz spoke at the NASP 2014 Annual Conference. On Tuesday, November 11th, he presented, "Alternative Methods for Testing Expert Opinions While Still Complying with Daubert."...

Nasp New York Chapter Meeting

Scott Katz spoke at the NASP New York Chapter Meeting on August 6. Scott's topic was, "Qualifying Fire Experts in Subrogation Cases:  Daubert and the New NFPA Standards."...

2014 Execusummit

Scott Katz spoke at the 11th  Annual National Property Subrogation Strategies ExecuSummit. Scott's topic was, "The Made Whole Rule in Property Subrogation Cases:  Lessons Learned from the World Trade Center Litigation."...

Proving 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....

Nasp’s 2013 Annual Conference

Scott Katz and Jessica Skarin spoke at NASP's 2013 Annual Conference November 3—6, 2013.  The presentation was titled, "The Made Whole Rule in Property Subrogation Cases:  Lessons Learned from the World Trade Center Litigation."...

Florida Supreme Court Limits Economic Loss Rule To Products Liability Claims?

State Specific: Florida Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims...

Stuck Between A Collapsed Wall And A Hard Place: The Failure To Establish The “Standard Of Care” In A Negligence Claim

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

Litigation Skills And Management Conference

Scott Katz spoke at the NASP's Litigation Skills and Management Conference on March 22, 2013, in Austin, Texas. Scott spoke on "Effective Motion Practice in a Fire Case," which will also include a mock Pre-trial Hearing....

2012 Nasp Annual Conference

Scott spoke at NASP's 2012 Annual Conference.  The topic was, "Using Ethics to Maximize Recoveries: Who Thought That Was Possible."...

National Property Subrogation Strategies Execusummit

Scott presented at the 9th Annual National Property Subrogation Strategies ExecuSummit. The presentation was, "The Made Whole Rule in Property Subrogation Cases."...

Does 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] qu...

Ceu Institute Presentation

Scott presented at the CEU Institute. The title was, "Spoliation of Evidence."...

Nasp Annual Conference

Scott Katz presented, "The Made Whole Rule in Property Subrogation Cases."...

Nasp Webinar

AIA Subrogation Waivers: Current Trends & Creative Solutions...

Nasp Litigation Skills Conference

Scott Katz addressed methodology for direct and cross examination of expert witnesses at the NASP Litigation Skills Conference....

Aia Subrogation Waivers: Reason Reigns Supreme In Maryland

This articles was originally published in Claim's Magazine Vol. 58, #11 (November, 2010).  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 exi...

Florida’s Legislature Abolishes Joint And Several Liability

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page 130. © Copyright 2007 by NASP. All rights reserved. Republished by Butler with permission from NASP. Effective April 26, 2006, the Florida Legislature eliminated the last vestige of joint and several liability.[1] Florida has now joined the minority ...

Florida Legislature Again Changes The Requirements For Making A Construction Defect Claim

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page 131. © Copyright 2007 by NASP. All rights reserved. Republished by Butler with permission from NASP. Florida Governor Jeb Bush initially approved Senate Bill 1286 on May 23, 2003. The initial version of Chapter 558 of the Florida Statutes[1] (hereina...

Subrogating Hurricane Claims

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page 37. © Copyright 2007 by NASP. All rights reserved. Republished by Butler with permission from NASP. The word "hurricane" originates from the Spanish word, "Huracán," for the ancient Mayan "storm god." No doubt the Mayans suffered frequently from Hura...

Live . . . From The House Of Subrogation!

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page 98. © Copyright 2005 by NASP. All rights reserved. Republished by Butler with permission from NASP.   The Hilton Hotel in Austin, Texas will truly be "The House of Subrogation" from November 13 through 16, when over 1,200 subrogation professi...

Florida’s Supreme Court Finally Brings Clarity To The Economic Loss Rule

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page 100. © Copyright 2005 by NASP. All rights reserved. Republished by Butler with permission from NASP.   After years of confusing and contradictory rulings, Florida's Supreme Court finally reigned in the scope of the Economic Loss Rule. In Ind...

Florida’s “Made Whole” Doctrine: Returning A Portion Of The Insured’s Deductible Is Permissible – For Now!

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page 101. © Copyright 2005 by NASP. All rights reserved. Republished by Butler with permission from NASP.   Per Florida's Made Whole Doctrine, insurers need only reimburse their insureds to the extent of their insured's legally recoverable loss. I...

New Amendments To Florida Law For Making Claims Against Contractors For Construction Defects

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Spring/Summer 2005, Page 102. © Copyright 2005 by NASP. All rights reserved. Republished by Butler with permission from NASP.   Florida's Construction Defect Statute, F.S. § 558.001 et seq. ("Construction Defect Statute"),[1] first became effective on May 27, 2003....

Spoliation Of Evidence – Limiting The Duty To Preserve

This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Summer, 2009, Page 74. © Copyright 2009 by NASP. All rights reserved. Republished by Butler with permission from NASP. State Specific | Alabama A summary of Killings v. Enterprise Leasing Company, Inc., 2008 WL 4967412 (Ala. 2008). A recent case from the Supreme Cour...

New Florida Law Changes Procedure For Making Claims Against Contractors For Construction Defects

This article was originally published in NASP Subrogator Magazine, February 2004, p. 68. © Copyright Butler 2004. 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 comp...

Spoliation As 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, #10, p. 26 (September 18, 2002). © Copyright Butler 2002. Spoliation 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...

Fire Scene Spoliation: Have We Gone Too Far?

This article was published in For The Defense, Vol. 44, No. 6, June 2002. © Copyright 2002 Defense Research Institute, Inc. 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 ...

Scott Katz