Disciplined in Sophisticated Defense and Insurance Litigation

Matthew W. Peaire is a Partner at Butler. Since joining the firm in 2001, his practice has focused on both large, complex Subrogation matters and Cyber Losses where he provides attorney managed, pre-breach risk assessments, post-breach incident response, and legal representation to companies who have been the victim of a data breach.  Matt’s subrogation practice ranges from handling smaller personal lines losses to large commercial losses.  He routinely handles subrogation and recovery cases throughout the United States for both insurers and self-insureds.   

He received his Bachelor of Arts degree from the University of Florida in 1996.  He received his Doctor of Jurisprudence from Stetson University College of Law in 2000. He also earned a Masters of Business Administration from Stetson University School of Business that same year. While in law school, Matt clerked as a judicial intern for Judge David Demers of the Sixth Judicial Circuit Court in Florida. He is admitted to practice in all Florida courts. 

Matt is a recognized authority on both subrogation and cyber related matters.  He has authored numerous articles for various publications through the years, including co-authoring Chapter 158 “Introduction to Insurance Subrogation” in the recently published Appleman on Insurance Law Library Edition.  Published by LexisNexis, Appleman on Insurance has long been considered a comprehensive resource in the field of insurance law.  Matt is also a frequent lecturer at national conferences on both subrogation and cyber topics.  Additionally, he routinely provides in-house training to clients across the country on large loss subrogation and best practices in responding to a data breach.  He is also very active in the National Association of Subrogation Professionals and was recently a co-chair of the Annual Conference. 


  • Florida


  • University of Florida
    Bachelor of Arts
  • Stetson University
    Master of Business Administration
  • Stetson University
    Doctor of Jurisprudence


  • National Association of Subrogation Professionals (NASP)


  • Florida Courts (Northern, Middle and Southern Districts)
October 29, 2018 PUBLICATIONThe Importance and Requirement of Having a Representative with Full Settlement Authority at Mediation

Mediations are one of the most common and effective forms of Alternative Dispute Resolution.  They typically occur with an attorney, a party representative and a mediator all present at the same location.  Most mediations follow a standard procedure that begins with the mediator providing a short explanation of the mediation process, followed by an opening statement by the Plaintiff and Defendant, and then lead to the parties breaking off into caucus where the mediator will meet with each attorney and party representative to begin the negotiation process. 

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July 12, 2017 PUBLICATIONState Specific: Tennessee Addresses Production of Underwriting Files, Similar Claim Materials and Reserves in First Horizon National Corporation v. Houston Casualty Company, et al.

As a result of the coverage denial, First Horizon sued its insurers. This article will address a few of the discovery disputes that arose in the coverage case and how they might be relevant to issues that might arise in litigation of a subrogation claim.

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December 17, 2015 PUBLICATIONIntroduction to Insurance Subrogation

Published by LexisNexis, Appleman on Insurance has long been considered a comprehensive resource in the field of insurance law.  It is showcased by LexisNexis as an “authoritative analyses of insurance law across the nation with insights provided by expert practitioners and scholars . . . .”

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October 01, 2014 PUBLICATIONOptimizing the Use of Technology in Mediation

From cell phones, to the world wide web, to electronic mail, and beyond, over the past twenty years, we have experienced an unprecedented growth in technology, as well as a growing dependence in our day-to-day lives on these technologies. Accordingly, it is of little surprise parties and mediators alike have implemented the advancements in information technology to the mediation process. Various forms of technology can be utilized to assist parties from the initial stages of selecting a mediator to the actual day of the mediation conference, and all points in between. This article details a number of ways technology advancements have affected the way parties mediate.  

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December 01, 2013 PUBLICATIONThe Dangers of Evidence Disposal

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.

There comes a time at the end of every case involving retained evidence when the file handler, whether that be the adjuster, lawyer or third party claim handler, receives an evidence disposal form. Many times it is second nature to simply sign these forms and fax or email them back to the party storing the evidence. However, before doing so, thought needs to be given to any party that might have an interest in that evidence before it is disposed of, especially the insured. Otherwise, you may have just traded in a subrogation claim for the defense of a claim based on spoliation of evidence.

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September 01, 2013 PUBLICATIONMind the Gap: Weathering the Statutory Notification Process When a Data Breach Occurs

Even before Edward Snowden and the NSA entered into the public conversation, data breach concerns abounded. For instance, a recent study conducted by the Ponemon Institute surveyed 4,774 IT and IT security professionals from nine countries- U.S., UK, France, Germany, Japan, China, India, Australia, and Brazil - and revealed that 60 percent of companies had a network security breach in the last year and 34 percent of those companies experienced more than one breach.

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October 04, 2011 PUBLICATIONLitigation is Not Always the Only Option

A great subrogation recovery can be defined as one that recovers the largest amount of money in the shortest period of time with the least amount of cost.  Disputes between commercial entities are resolved daily, and not all of them require litigation.  There are many ways to resolve a claim.  Some claims are resolved through informal conversations between two adjusters.  Other times, litigation and trial can be both necessary and unavoidable.  However, in these economic times, most companies want to effectuate recoveries and close files as quickly as possible.

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July 07, 2010 PUBLICATIONFlorida Legislature Increases the Statutory Limits on Liability for Tort Claims Against the State and Its State Agencies

 Historically, in Florida, tort claims against the state and its state agencies have been limited to $100,000 per claim or $200,000 per occurrence. On April 27, 2010, the Florida Governor approved an amendment to Florida Statute §768.28(5) thereby increasing the limit of tort liability for claims against the state and its state agencies. While the act does not take effect until October 1, 2011, claims arising after that date will now be subject to increased limits of $200,000 per claim or $300,000 per occurrence.

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June 01, 2009 PUBLICATIONSpoliation of Evidence - A Summary of Killings v. Enterprise Leasing Company, Inc., 2008 WL 4967412 (Ala. 2008)

In Killings v. Enterprise Leasing Company, Inc.,1 the Alabama Supreme Court recently held that a Plaintiff may proceed with a claim of spoliation against a third party responsible for negligently discarding necessary evidence in an underlying case.

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February 01, 2007 PUBLICATIONFlorida Legislature AGAIN Changes the Requirements for Making a Construction Defect Claim

Florida Governor Jeb Bush initially approved Senate Bill 1286 on May 23, 2003. The initial version of Chapter 558 of the Florida Statutes (hereinafter identified as "the Statutes") set forth the requirements for making a claim for defects related to the construction of homeowner property. The authors of this article published a summary of the law in the Winter 2003-2004 issue of the Subrogator. In 2005, the Statutes were amended by the Florida Legislature to make compliance more practical for both claimants and contractors. The authors published a summary of these changes in the Spring/Summer 2005 issue of the Subrogator.

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October 01, 2005 PUBLICATIONFire Department Negligence Not Considered Intervening Cause in Franklin County, Ohio

This case involves a subrogation action following payments made by a commercial property carrier to its insured as a result of a fire that occurred at an insured apartment complex located in Franklin County, Ohio. The fire occurred on January 28, 2003, after one of the tenants in the apartment complex placed hot ashes from his fireplace into a cardboard box, and then left the box unattended inside of his unit. Approximately 30 minutes later, a fire ignited. The tenant quickly called the fire department, who responded and extinguished the fire. The fire damage was confined to the tenant's unit which suffered approximately $10,000 worth of damage.

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April 01, 2005 PUBLICATIONNew Amendments to Florida Law For Making Claims Against Contractors For Construction Defects

Florida's Construction Defect Statute, F.S. § 558.001 et seq. ("Construction Defect Statute"), first became effective on May 27, 2003. This law drastically changed how claims for construction defects are to be made by homeowners against contractors in Florida.

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February 01, 2004 PUBLICATIONNew Florida Law Changes Procedure For Making Claims Against Contractors For Construction Defects

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 complying with new pre-suit requirements.

In Section 1 of Bill 1286, the Florida Legislature states the intent of the new law.

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June 18, 2003 PUBLICATIONAppraising Windstorm Claims

Once again the annual “hold-your-breath” season is upon us. In Hartford, New York, and London weather channels are beating “sitcoms” on the “Nielson” ratings. Internet strikes on weather.com are out-numbering those for kournikova.com – well, maybe this is a slight exaggeration. But the point remains; that is, CAT losses, especially windstorm, commonly called Hurricanes, make or break a property insurer's profitability, not just in the year of the occurrence, but typically with a two to three year tail.

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January 22, 2003 PUBLICATIONAnger And Punishment

Horace once wrote: “Anger is a brief madness.” Such human condition apparently has not changed in over 2000 years.

USA Today's January 9, 2003 editorial page began with the topic sentence: “Horror stories abound about huge damage awards turning courts into lotteries, transforming plaintiffs and their lawyers into instant winners.” In addressing a recent Ohio Supreme Court decision, the editorial stated

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Blog Posts

July 18, 2017 BLOG POSTSubrogation Following a Hurricane is All Hands on Deck

Hurricane season began June 1 st, and runs through November 30th.   However, we are about 30 days from approaching the peak of hurricane season, when the season becomes its most active.  Weather predictors are predicting an above-average number of storms this year, with 14 expected named storms.  As anyone who has worked “CAT” claims knows, when a hurricane hits, it’s “all hands on deck.”  This is true for subrogation professionals, as well.  There is a significant increase in the number of claims that must be triaged, with a goal of finding any claims that might have subrogation potential. 

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July 22, 2014 BLOG POSTFlorida Defines How Certain Commercial Entities Must Handle Personal Information

Effective July 1, 2014, Florida enacted what some have described as one of the country’s most detailed and comprehensive statutes governing the duties of commercial entities that acquire, maintain, store, or use personal information, including potential penalties related to the loss of such data. Rather than simply amending the previous provision, Florida Statute 817.5681, the Florida Legislature repealed the previous statute and replaced it with Florida Statute 501.171, entitled the “Florida Information Protection Act of 2014.” The new statute governs the storage and disposal of private information and sets out specific requirements in the event of the loss of such data, whether through inadvertence or through a “breach” of data storage systems.

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June 06, 2019 EVENTIdentifying Subrogation and Preventing Spoliation

Partner Matthew Peaire and co-presenter Tim York (NEFCO Fire Investigations) presented "Identifying Subrogation and Preventing Spoliation" for the FIFEC 2019 Conference.

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November 12, 2018 EVENTDetermining Settlement Value from the Carrier and Attorney Perspective

Partner Matthew Peaire co-presented with Homesite Subrogation manager Justin Debenedectis on the relationship between the insurer and subrogation attorney when identifying settlement value.

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Gerald Albrecht, Matthew Peaire and Mohammad Mubarak from Butler Weihmuller Katz Craig presented in Orlando, FL at the FACAP IASIU Joint Conference on the topic of "Fire in the Courtroom: Lessons Learned in the Heat of Battle".

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June 16, 2016 EVENTProving Products Liability Cases: The Bar has been Raised

A presentation on best practices regarding product liability cases.

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April 19, 2016 EVENT5th Annual Cyber Liabilities Insurance ExecuSummit

Subrogation & Cyber Liability Insurance: 2016 Update

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April 07, 2016 EVENTNASP 2016 Subrogation Litigation: Skills and Management Conference

Hobie Hind and Matt Peaire presented at the NASP 2016 Subrogation Litigation: Skills and Management Conference on April 7, 2016. Hobie and Matt's topic was "My Ethics v. Your Ethics: When the Expert & Attorney Obligations Diverge."

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August 12, 2015 EVENT Fire Investigation & Fire Spread Seminar

Effective Fire Investigations and Fire Spread Liability: Practical Strategies for Prosecuting & Defending

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June 24, 2015 EVENTRIMKUS 12th Annual Continuing Education Seminar

Rimkus is hosting a 2-day seminar of Florida Continuing Education accredited courses for up to 12 hours of credit units. Day 1 will consist of  six one hour courses on varied pertinent topics. Day 2 will be dedicated to a Legislative and Property Case Law Update, as well as the new 5hr Law & Ethics CE required course.

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April 21, 2015 EVENT4th Annual Cyber Liabilities Insurance ExecuSummit

Subrogation & Cyber Liability Insurance 2015 Update

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November 10, 2014 EVENTNASP 2014 Annual Conference

Hiring, Training and Motivating a New Generation of Employees

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November 05, 2014 EVENTButler Subrogation & Recovery Webinar

Is Your Claim Undermined Because Your Target is Underwater? - What To Do When Your Recovery Target Files for Bankruptcy

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June 25, 2014 EVENT2014 RIMKUS CE Seminar

Updates to NFPA 921

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April 10, 2014 EVENTNASP 2014 Litigation Skills Conference

Using Exhibits Effectively When Arguing, Mediating and Negotiating

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November 03, 2013 EVENTNASP's 2013 Annual Conference

Subro and Cyber Security

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February 12, 2013 EVENTNASP Webinar

Alternative Dispute Resolution – Litigation is Not Always the Only Option

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April 15, 2012 EVENTPLRB Claims Conference

Subrogation & Recovery Following a Weather Catastrophe

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November 06, 2011 EVENTNASP Annual Conference


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April 03, 2011 EVENT2011 PLRB Claims Conference

2011 PLRB Claims Conference

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February 23, 2010 EVENTSubrogating Construction Claims and the Obstacles We Typically Face

Local Education and Networking

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June 18, 2009 EVENTNASP - Local Education and Networking

Common Issues Faced Litigating a Product Liability Claim
and Who Do You Sue?

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April 04, 2016 NEWSMatthew W. Peaire and Dean S. Rauchwerger present "Proving Products Liability".

If you are interested in a similar in-house client education program on Effective and practical strategies for subrogating product liability claims, please contact Mathew W. Peaire or Dean S. Rauchwerger.

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