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Timothy R. Engelbrecht is a Partner at Butler’s Tampa office.  He 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. 

Many lawsuits that Timothy handles involve assignments of benefits (“AOBs”).  Timothy has written articles on AOBs for the Claims and Litigation Management Alliance (CLM) and the Southern Loss Association, Inc. (SLA).  Timothy has spoken on the topic of AOBs at conferences held by the Property and Liability Resource Bureau (PLRB) and the Windstorm Insurance Network (WIND).  Timothy counsels clients on the best practices for handling AOB claims and defending AOB lawsuits.

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.  Timothy was a member of moot court and an editor on law review.  During his final year in law school, Timothy was a judicial extern to The Honorable Ann D. Montgomery, U.S. District Judge, District of Minnesota.  Timothy was a staff attorney (judicial clerk) in Florida’s Sixth Judicial Circuit before joining Butler. 

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

  • ILLSBOROUGH COUNTY BAR ASSOCIATION (HCBA)
  • THE FLORIDA BAR

Courts

  • FLORIDA COURTS (MIDDLE DISTRICT)
  • FLORIDA COURTS (SOUTHERN DISTRICT)
  • U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Experiences

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)

Media

INSURANCE POLICY CONDITIONS: Tools for Solid Claim Investigation

Partner Timothy Engelbrecht presented for the Southern Loss Association's CE Seminar on August 13, 2020. This presentation discussed using insurance policy conditions (prompt notice, protecting the property, site inspection, document requests, SSPOL, and EUO) to help a claim investigation. Tim also spoke about gulf coast court decisions from Texas to North Carolina....

Tim Engelbrecht Featured On Ap Article For Spacex Launch

Partner Timothy Engelbrecht visited the launch site of the historic SpaceX mission where he was interviewed by the Associated Press (AP). The article has been published by dozens of newspapers, TV stations, and news sites, including Yahoo! News. ...

As Florida Goes

This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Fall 2019. Legal opinions may vary when based on subtle factual differences. All rights reserved. One of the most challenging topics in first-party property insurance over the last decade has been the increase in assigned claims.  They are often called “assignments of...

The Challenges Of Adjusting Pipe Breaks And Sewer Back-Ups

This article is originally a publication of the Southern Loss Association newsletter, August 2019. Legal opinions may vary when based on subtle factual differences. All rights reserved. In January of this year, we published an article entitled "The Challenges of Adjusting Long-Term Water Losses." That article focused on the "constant or repeated leakage or seepage" exclusion that appears in man...

Water Woes, Plumbing Pipes And Sewer Back Ups

Timothy Engelbrecht presented "Water Woes, Plumbing Pipes and Sewer Back Ups" for the 2019 Annual SLA Property Seminar. This conference took place on August 8th, 2019 in Roswell, GA....

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Water Woes: Hurricanes, Plumbing, Mold, Codes And More

Partner Timothy Engelbrecht with co-presenters Daniel Pittman of McLarens, and Tracey Dodd and William Bracken of J.S. Held LLC presented "Water Woes: Hurricanes, Plumbing, Mold, Codes and More" for the Lloyd's Market Association on May 15, 2019. This event discussed the emerging challenges associated with a variety of water losses including recent hurricanes, plumbing, mold, codes issues and mor...

Breaking News! Florida AOB Reform Explained

The Florida Legislature just passed a bill that makes significant changes to the assignment of benefits ("AOB") process in Florida. Governor Ron DeSantis stated he will sign the bill into law. The effective date of the bill will be July 1, 2019, meaning that it will apply to assignments executed on or after July 1, 2019. The bill was passed to address concerns regarding abusive litigation practic...

The Challenges Of Adjusting Long-Term Water Losses

This article is originally a publication of the Southern Loss Association newsletter, January 2019. Legal opinions may vary when based on subtle factual differences. All rights reserved. Many residential and commercial property insurance policies contain an exclusion that excludes loss caused by constant or repeated leakage or seepage. However, it has become more and more difficult to determine...

Prlb Central Regional Adjusters Conference – Strategies For Working With Public Adjusters And Difficult Insureds

Partner Tim Engelbrecht is presenting at the PLRB Central Regional Adjusters Conference on the topic "Strategies for Working with Public Adjusters and Difficult Insureds" on September 12—13, 2018, in Des Moines, IA.   This presentation is intended to identify scenarios and areas of potential discord in working with public adjusters or difficult insureds; locate local governing authority infor...

Lessons Learned From Recent Disasters

Timothy Engelbrecht, Partner, Butler Weihmuller Katz Craig LLP,  Amy J. Macdonald, Associate Principal, Thornton Tomasetti, and Ying Tse, Executive General Adjuster/Vice President, McLarens will discuss the particular challenges faced in handling claims from these events as well as strategies that can be employed in managing the response to future events.  This presentation will be held in Lond...

Prlb Western Regional Adjusters Conference – Strategies For Working With Public Adjusters And Difficult Insureds

Partner Tim Engelbrecht is presenting at the PLRB Western Regional Adjusters Conference on the topic "Strategies for Working with Public Adjusters and Difficult Insureds" on June 26, 2018, in Glendale Arizona.   This presentation is intended to identify scenarios and areas of potential discord in working with public adjusters or difficult insureds; locate local governing authority information...

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 ...

Florida Court Rules Against Insurer on Seepage/Leakage Exclusion

Florida first-party property insurers have seen a dramatic rise in the number of reported water loss claims over the past five years. Many insurance policies contain an exclusion for losses “caused by constant or repeated seepage or leakage of water over a period of 14 or more days.” Today, one Florida appellate court ruled that “an insurance policy excluding losses caused by constant or rep...

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...

AOB Reform Bill Passes Florida House, Senate Future Uncertain

On January 12, 2018, the Florida House of Representatives passed a bill (HB 7015) that would dramatically affect the way contractors and their lawyers use assignments of benefits (“AOBs”) in first-party property insurance claims and lawsuits. The biggest changes in the bill impact how AOBs must be written, new obligations on assignee contractors in the claim investigation process, limitations ...

Handling AOB Claims in the wake of Hurricanes Irma & Harvey Podcast

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage claims in these areas, they will undoubtedly be presented with claims that have been assigned from insureds to damage-repair contractors. These are often referred to as assignment...

Handling Assignment of Benefit (“Aob”) Claims in the Wake of Hurricanes Irma and Harvey

The classic example of an AOB claim is the following: an insured suffers property damage and hires a repair contractor to repair that damage. The repair contractor requires the insured to execute a written document, usually entitled “Assignment of Insurance Benefits”, which says something to the effect of “for and in consideration of the contractor’s agreement to protect the property from ...

Handling Assignment of Benefit (“AOB”) Claims in the Wake of Hurricanes Irma and Harvey

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage claims in these areas, they will undoubtedly be presented with claims that have been assigned from insureds to damage-repair contractors. These are often referred to as assignment...

Plrb Central Regional Adjusters Conference – Assignment Of Benefits Strategies

Tim Engelbrecht from Butler Weihmuller Katz Craig presented in New Orleans, LA at the Central PLRB 2017 Regional Adjusters Conference on the topic of "Assignment of Benefits Strategies". The presentation is designed to help adjusters understand the legal significance of an assignment, help them read and interpret an assignment, and help them use best practices when handling an assigned claim.  ...

Western Plrb 2017 Regional Adjusters Conference – Assignment Of Benefits Strategies

Tim Engelbrecht from Butler Weihmuller Katz Craig presented in Riverside, CA at the Western PLRB 2017 Regional Adjusters Conference on the topic of "Assignment of Benefits Strategies"....

18th Annual Windstorm Insurance Conference – The Complex World Of Assignment Of Benefits (“Aob”)

Timothy Engelbrecht presented at the 18th Annual Windstorm Insurance Conference on the topic of "The Complex World of Assignment of Benefits ("AOB")" in Orlando, Fl....

What 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.  One potential method for combating these rising costs and risk is ...

Awash In Aobs

This article originally appeared in Claims Management, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when based on subtle factual differences. All rights reserved. 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 i...

Understanding 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 i...

Follow Up On Assignment Of Benefits Litigation In Florida

This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. All rights reserved.  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 a...

Assignment Of Benefits Litigation In Florida

This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. The articles written in the newsletter are in a general format and are not intended to be legal advice applicable to any specific circumstances. Legal opinions may vary when based on subtle factual differences. All rights reserved. Over the past five years, first-party property insurers in Flo...

Court Addresses AOBs and Standing to Sue

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. One difficult issue that insurers face in dealing with AOB claims and lawsuits is the question of who has the standing to sue the insurer once an AOB has been executed by the insured in favor of an assignee contractor. On Apr...

Court 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. Some assignee claimants have tried to resist the appraisal process. This has raised a number of legal iss...

Court Reverses Judgment for Insurer Invalidating AOB

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. Recently, we covered the Fourth District Court of Appeal’s (“4DCA”) opinion affirming a trial court’s final summary judgment in favor of an insurer, which held the contractor’s AOB invalid. That case is One Call Pro...

Court Affirms Judgment for Insurer Invalidating AOB

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. Today, there was a noteworthy development. The Fourth District Court of Appeal (“4DCA”) issued an opinion affirming the trial court’s final summary judgment in favor of the insurer, which held the contractor’s AOB inval...

The 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. The Troubles Of Trafalgar: Bad Faith In the Absence Of Breach Of Contract...

Timothy Engelbrecht