Disciplined in Sophisticated Defense and Insurance Litigation

October 15, 2018 | Publication| Fighting Removal Spoiler Claims Against Adjusters, Attorneys, and Agents in Bad-Faith Lawsuits

Matthew J. Lavisky, Toni L. Frain

This article is originally a publication of the Defense Research Institute, 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.

Matthew J. Lavisky

A Partner at Butler Weihmuller Katz Craig LLP, in Tampa, FL. Matthew practices in our Extra-Contractual  and First-Party Coverage departments.

December 04, 2019 PublicationDrones: Just When You Thought It Was Safe to Cancel Your Pirate Insurance

So, what are the sorts of trouble that we should expect to see when bad actors get their hands on drones? Because bad actors are less likely to seek proper licensure before using their drones, the FAA’s gradualism in integrating drones into the national airspace has not slowed them down. 

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July 01, 2013 PublicationInternet Defamation: Corporate Risks and Remedies

In today’s world of anonymous blogs, Internet message boards, and freewheeling comment sections on many websites, it has become commonplace for individuals to bandy about harsh words and vitriol with near reckless abandon.

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November 05, 2012 PublicationIs A Discriminatory Refusal To Rent An Invasion Of The Right Of Private Occupancy?

As the I.S.O. "Personal and Advertising Injury" coverage form ("Coverage B") has evolved over the years, one thing has remained constant: claims for wrongful eviction are covered. The modern Coverage B form covers certain enumerated "offenses," one being, "The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor

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November 01, 2012 PublicationOngoing Efforts to Preserve Our Unique Right

The problem of the vanishing jury trial is a familiar one to DRI members, for whom this loss is keenly felt. This decline in jury trials presents not only an economic threat to membership, but also a decline in fair and just adjudication.

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April 11, 2012 PublicationDuel Revisited: Are Commercial Trucking Trials Payback Time for Jurors?

This article was originally published in DRI's In Transit, The Newsletter of the Trucking Committee (Volume 15, Issue 1)

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December 11, 2011 PublicationDefending Sleep Apnea Claims in Trucking Litigation

Eric M. Zivitz is a partner at Butler in the firm's Miami, Florida office. He devotes his practice to the litigation and trial of complex cases in the areas of negligent/inadequate security, construction defect claims, wrongful death, products liability, trucking accidents, civil rights defense, premises liability, automobile negligence and employment discrimination. Mr. Zivitz has tried numerous cases to verdict throughout Florida, and has extensive experience litigating in the South Florida region over the past 20 years.

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April 01, 2011 PublicationRaising the Roof: What's Hot In Construction Defect Litigation

Kathy J. Maus is a partner with Butler Weihmuller Katz Craig LLP, having joined the firm in 1991. Julius F. "Rick" Parker III is a senior associate with the firm, having joined the firm in 2004. Ms. Maus and Mr. Parker both practice in the firm's Tallahassee office and focus their practices on first and third party extracontractual litigation defense, casualty litigation and first and third-party coverage matters. Ms. Maus serves on DRI's Insurance Law Committee Steering Committee and is a past member of DRI's Board of Directors. She is also vice-chair of DRI's upcoming Bad Faith Seminar in Washington, D.C. in June.

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May 01, 2010 PublicationA New Profit Center in the Economic Downturn

Litigation concerning benefits for business interruption is seldom an exciting spectator sport. However, Safeguard Storage Properties LLC v. Donahue Favret Contractors, Inc., an ongoing case in the civil district court in New Orleans, has the potential to put Louisiana jurisprudence at the center of the legal map.

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August 01, 2007 PublicationEthics: Concerns About Lawyer Competency in The Brave New World of Electronic Discovery

As one court has characterized it, "a ‘certificate of admission to the bar' is a pilot's license which authorizes its possessor to assume full control of the important affairs of others and to guide and safeguard them when, without such assistance, they would be helpless."  In re Discipline of Laprath, 670 N.W.2d 41 (S.D. 2003).  While the freedom suggested by that imagery might be a bit overstated, the assertion that the qualifications of a counsel assuming responsibility for a case are critical to the potential outcome is not.

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May 01, 2007 PublicationNanotechnology: Promise or Pandora's Box?

What is Nanotech?

The accepted definition of "nanotechnology" is "the design characterization, production and application of structures, devices and systems by controlling shape and size at nanometer scale." Nano products are literally the cutting edge of technology in a wide number of fields. One nanometer is one billionth of a meter, or for purposes of reference, one eighty thousandth of a human hair. Nanotechnology potentially allows the creation of new substances or products one atom at a time by moving and placing electrons. Current technology allows control over a single "nano," which is smaller than a cell but larger than an atom. This creates an infinite combination of uses from medicine, to electronics, to more efficient energy and pollution controls.

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May 01, 2007 PublicationHindsight vs. Foresight: The Adjustment of Business Income Claims

The hurricanes of 2004 and 2005 resulted in many claims for loss of business income. Applying this coverage, which is always tricky, can be even more problematic in the context of widespread devastation. 

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January 01, 2007 PublicationPushing The Envelope: Exploring The Newest Trends In Bad Faith Exposure In Automobile Cases

In recent years, the term "bad faith" has become a term which may strike terror in the heart of defense attorneys, claims handling professionals and in-house counsel for insurers; and for good reason. An action for bad faith, whether it be "first-party" or "third-party" can and has led to "extra-contractual damages," i.e., damages which are not governed by limits of insurance or other limitations on coverage contained in the insurance contract. Allegations of bad faith attempt to re-write the rules for claims handling in the middle of the game. For this reason, bad faith exposure cannot be actuarially predicted or accurately accounted in the setting of premiums based on the risk presented. It therefore has the potential to cost insurers more than the maximum exposure traditionally presented by a particular risk under a policy with defined limits of coverage. 

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June 01, 2002 PublicationFire Scene Spoliation: Have We Gone Too Far?

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 appreciate the need to preserve evidence.

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January 01, 2000 PublicationBad Faith Findings in the Absence of Coverage

Claimants sometimes seek bad faith damages from their insurer even when there is no coverage for the loss or claim. Courts have split on the issue of whether a carrier can be held liable for bad faith when there is no coverage. Courts often analyze this issue differently for first party and third party claims. Whether a claim involves both covered and non ­covered claims also affects the analysis of this issue.

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January 01, 1993 PublicationAttacking the Consent Judgment: Corralling the Horse That Gets Out of the Barn

Defense Research Institute, 1993 (Steve Rawls as an uncredited author with John Weihmuller)  

Please contact the attorney for a copy of the article.

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Key Points

Author Additional Authors
  • Toni L. Frain
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