Scott S. Katz Attorney - Tampa, FL -

Scott is admitted to exercise in all Florida courts, in addition to inside the Federal Courts for the Southern, Middle and Northern Districts of Florida. In addition to working towards all through Florida, Scott has treated 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 within the Bahamas, Canada, Ecuador, Mexico, Nicaragua, and St. Lucia.

Scott's practice focuses on huge, complex Subrogation claims, wherein he represents both plaintiffs and defendants. Scott also works on coverage insurance disputes and casualty defense cases. He handles a extensive variety of subjects which include complicated business disputes, general tort claims, professional malpractice, construction litigation, environmental damage, and product legal responsibility losses. Much of Scott's work entails multi-birthday celebration litigation relating to huge belongings losses, contract disputes, creation mishaps, chemical contamination, and product disasters. Scott has been lead recommend in over thirty jury trials and numerous non-jury trials regarding such subjects.

Scott regularly lectures on plenty of topics. Throughout the years, he has led seminars regarding all factors of large loss subrogation along with: spoliation of proof, the financial loss rule, criminal ethics, NFPA 921, adjuster ethics, trial techniques and exercise, AIA subrogation waivers, the Sutton Rule, the Made Whole Rule, expert testimony and different comparable topics. Scott is also a member of several professional companies and is presently the Lead Chair for Claims and Litigation Management's Subrogation Committee.

Experience

REPRESENTATIVE CASES

Electroecuador, Inc. vs. General Electric Co. (subrogation arbitration proceeding concerning a assurance claim arising from a defective gas powered turbine. Damages handed $three.55 million.)

ERT 163rd Street Mall, LLC, et. al. v. Florida Power & Light Co. (subrogation lawsuit springing up from an explosion and fire involving strength device transformers and excessive voltage cabling. Damages passed $4.zero million.)

In re September 11 Property Damage Litigation, 650 F. 3d one hundred forty five (2nd Cir. 2011) (subrogation claim bobbing up from the 9-11 terrorist attack on the World Trade Center, which resulted within the landmark $1.2 billion settlement.)

Jabil Circuit, Inc. et al., v. Speedline Technologies, Inc. (subrogation, product liability lawsuit springing up from a fire due to the defective design of an commercial washing machine gadget. Damages exceeded $6.1 million.)

Leggett & Platt, Inc. v. LeMaster Steel Erectors, Inc., et al. (subrogation lawsuit springing up from fireplace loss because of negligent welding operations at some stage in creation of a building-structure. Damages passed $10.5 million.)

Lockheed Martin Corp., et. al. v. Weeks Realty Ltd. Partner lawyership (subrogation lawsuit bobbing up from a roof fall apart because of various creation defects. Damages exceeded $7.zero million.)

Owners Ins. Co. v. Hartford Fire Ins. Co., 884 So. 2d 382 (Fla. 2d DCA 2004) (equitable subrogation claim by way of a primary insurer against an extra insurer. The court docket decided the number one insurer’s right to repayment and also prejudgment hobby.)

Plantation Key Office Park, LLLP, et. al. v. Pass International, Inc., et. al., a hundred and ten So. 3d 505 (Fla. 4th DCA 2013) (subrogation lawsuit arising from a hearth at an workplace complex beneath creation. Contractor’s defense thru an AIA 201 subrogation waiver turned into problem to invalidation because of reformation of contract. Damages passed $5.0 million.)

Santa Rosa County, et. al. v. Centex-Rooney Construction Co., Inc., et.al. (subrogation lawsuit bobbing up from roof harm because of production defects discovered throughout Hurricane Ivan. Damages handed $5.three million.)

World Trade Properties LLC, et. al. v. QBE Int’l Ins. Ltd., et. al., 627 Fed. Appx. 10 (2d Cir. 2015) (declaratory judgment motion regarding the translation of coverage policy provisions and the utility of the “made whole rule.”)

Publications

December 01, 2013 PUBLICATION Proving Lost Profits In a Subrogation Case: It's No Easy Matter

This article was originally published inside the Subrogator, a guide with the aid of the National Association of Subrogation Professionals, Winter, 2013. Copyright 2013 by way of NASP. All rights reserved. Republished via Butler with permission from NASP.

As subrogation professionals, it's far sometimes smooth to overly attention at the legal responsibility troubles in every case, leaving a thorough damages evaluation for every other day. However, it's miles a higher practice to carry out a entire assessment of the legally recoverable damages early all through the subrogation research, so that the true fee of the claim can be ascertained and relayed to the subrogating insurer. This is particularly so in instances in which the business interruption portion of the loss is great, due to the fact that an error in proper quantification of the recoverable portion of the enterprise interruption loss could dramatically exchange the general valuation of a case -- each for agreement and trial functions .

June 26, 2013 PUBLICATION Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims

In an high quality choice for the subrogation enterprise, the Florida Supreme Court these days narrowed the scope of the monetary loss rule, and limited the guideline’s software to simplest instances regarding products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances while the damages incurred are utterly economic, and there may be no other property damage or private damage. Although inexplicably elevated through the years, the current choice curtails the expansive definition and returns Florida’s monetary loss rule to its historical roots.

May 01, 2013 PUBLICATION Stuck Between a Collapsed Wall and a Hard Place: The Failure to Establish the Standard of Care in a Negligence Claim

Generally, to set up a declare for negligence, a plaintiff should display: (1) the defendant had a felony duty to comply to a sure general of behavior; (2) the defendant breached that responsibility; and (3) the plaintiff sustained harm that changed into proximately caused by the defendant s breach.

April 01, 2012 PUBLICATION Are Expert Reports Always Protected with the aid of the Work Product Protection? ...Maybe Not.

A query from time to time arises as to whether or not professional reviews are included under the paintings product doctrine while specialists are retained by way of claims adjusters, in place of legal professionals. For instance, whilst professional reviews are issued to adjusters or another subrogation professional, the report may be deemed no longer blanketed, due to the fact the document is written for the duration of the everyday direction of an adjustment or investigative degree of a declare. On the opposite hand, while expert reports are directed to an lawyer, the expert file typically has a better danger of being protected from subsequent disclosure, consistent with the work product doctrine.

February 10, 2012 PUBLICATION Does the Case-with the aid of-Case Approach in Florida Apply Only on a Case-by using-Case Basis?

The Anti-Subrogation Rule dictates that an insurer is normally precluded from seeking healing towards its very own insured. While this premise on its face appears easy, a speCIal circumstance arises inside the context of damage to leased property because of a tenant s negligence, Where the apparent purpose of the parties [to a lease] changed into to shift the chance of daruages ... to an Insurer ... [the lessee] qualifies as an intended beneficiary underneath the Insurance policy; and consequently, the insurer is prohiblted from subrogating towards the lessee.1 However, the lease provisions are normally doubtful, if now not contradlctory, as to which party-landlord or tenant-is to undergo the hazard of a loss to the leased premises, or whether the tenant is considered a co-insured beneath the landlord s belongings insurance policy. Most jurisdictions have been supplied with these forms of instances, and courts have implemented considered one of three diagnosed analytic procedures, Recently, the Fifth District Court of Appeal of Florida addressed this very problem in Underwriters of Lloyds of London v. Cape Publications, Inc., 2011 WL 2415845 (Fla. 5th DCA 2011).

November 17, 2010 PUBLICATION AIA Subrogation Waivers: Reason Reigns Supreme In Maryland

Court choices regarding the scope and alertness of AIA subrogation waivers are full-size and varied, however regularly appoint strained legal good judgment. Some courts awareness narrowly at the which means of the phrases Work and non-Work. Other courts base their evaluation at the quantity to which property coverage may additionally exist. And every now and then, courts fail to address the underlying cause for why AIA subrogation waivers are achieved in the first location, even as also ignoring the internal ambiguities within AIA settlement files themselves.

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

Florida Governor Jeb Bush first of all accredited Senate Bill 1286 on May 23, 2003. The initial model of Chapter 558 of the Florida Statutes (hereinafter recognized because the Statutes ) set forth the necessities for making a claim for defects associated with the development of home owner property. The authors of this text published a summary of the law inside the Winter 2003-2004 trouble of the Subrogator. In 2005, the Statutes were amended by using the Florida Legislature to make compliance extra realistic for each claimants and contractors. The authors published a precis of those changes in the Spring/Summer 2005 difficulty of the Subrogator.

February 01, 2007 PUBLICATION Florida's Legislature Abolishes Joint and Several Liability

Effective April 26, 2006, the Florida Legislature eliminated the last vestige of joint and numerous legal responsibility. Florida has now joined the minority of jurisdictions which have absolutely abolished joint and numerous liability. Although this pass has introduced dramatic trade and controversy, it became no surprise. The strive at abolition sincerely started almost two decades in the past and has been closely lobbied by Florida s Big Businesses. This article will address the effect of the elimination of joint and several legal responsibility, and the effect this change inside the law could have on subrogation in Florida.

November 12, 2006 PUBLICATION Subrogating Hurricane Claims

The phrase hurricane originates from the Spanish phrase, Huracan, for the historical Mayan hurricane god. No doubt the Mayans suffered often from Huracan s wrath. But unlike the Mayans, recent storms have led insurers to vigorously pursue subrogated storm claims. This article will explore problems associated with the a success pursuit of subrogation claims bobbing up from hurricanes.[1]

April 01, 2005 PUBLICATION Live . . . From The House Of Subrogation!

The Hilton Hotel in Austin, Texas will simply be The House of Subrogation from November 13 via sixteen, while over 1,2 hundred subrogation specialists from around the globe gather for the NASP Annual Conference. And this yr s convention is anticipated to be even larger, higher and more alive than ever earlier than!

April 01, 2005 PUBLICATION New 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 powerful on May 27, 2003. This regulation significantly modified how claims for production defects are to be made by means of house owners against contractors in Florida.

April 01, 2005 PUBLICATION Florida's Made Whole Doctrine: Returning A Portion of the Insured's Deductible Is Permissible - For Now!

Per Florida s Made Whole Doctrine, insurers want only reimburse their insureds to the volume in their insured s legally recoverable loss. In the recent case of Monte De Oca v. State Farm Fire & Casualty Co., ---So.2nd---, 2004 WL 2955008 (Fla. 3d DCA 2004), the Third District Court of Appeal supported the partial go back of a deductible to an insured based totally on the insured s comparative negligence. This case is huge because it clarifies that an insurer, in Florida, does not violate the Made Whole Doctrine whilst the insurer returns most effective a prorated portion of the deductible to the insured due to the insured s comparative negligence.

April 01, 2005 PUBLICATION Florida's Supreme Court Finally Brings Clarity to the Economic Loss Rule

After years of puzzling and contradictory rulings, Florida s Supreme Court subsequently reigned inside the scope of the Economic Loss Rule. In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2nd 532 (Fla. 2004), the Florida Supreme Court cogently restricted the Economic Loss Rule. It held that the Economic Loss Rule does no longer bar a negligence action to get better totally monetary damages in which the defendant isn't always a product producer or distributor. The Court additionally held that the Economic Loss Rule simply does not apply to any situation where there is no privity among the litigants.

January 01, 2005 PUBLICATION Spoliation of Evidence - Limiting the Duty to Preserve

A summary of Killings v. Enterprise Leasing Company, Inc ., 2008 WL 4967412 (Ala. 2008). A latest case from the Supreme Court of Alabama. In Killings v. Enterprise Leasing Company, Inc. ,1 the Alabama Supreme Court lately held that a Plaintiff may also proceed with a declare of spoliation in opposition to a 3rd party accountable for negligently discarding essential evidence in an underlying case.

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

Florida Governor Jeb Bush authorized Senate Bill No. 1286 (“Bill 1286”), which substantially adjustments the method for supplying a declare for production defects. Effective May 27, 2003, Florida house owners and their subrogees cannot file a construction illness lawsuit without fully complying with new pre-suit necessities.

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

September 18, 2002 PUBLICATION Spoliation As Bad Faith

What takes place while an insurer s employee, insured, adjuster or legal professional alters or destroys essential evidence? Can spoliation of evidence also constitute bad faith? Although there is no posted selection at once on point, it appears that some courts can be willing to extend an insurer s exposure to consist of greater-contractual damages for such behavior

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

Over the beyond fifteen years, the amount of case law and statement regarding spoliation of evidence has exploded. This interest has been advantageous in terms of highlighting and coping with the lack of proof worried in litigation. Consequently, these days s litigants higher respect the want to preserve evidence.

Media

Events

June 07, 2018 EVENT Managing Partner lawyer Scott Katz is the facilitator for the LEA Spring & Education Conference

Managing Partner attorney, Scott Katz could be facilitating a discussion on Data Analytics: Drilling Down at the Trends that Matter for Litigation Management and Claims Management at the LEA Spring & Education Conference in Newport, RI, on June 7-8, 2018.

March 30, 2017 EVENT CLM 2017 Annual Conference - Data Analytics - Drilling Down on the Trends that Matter, or Should Matter...to You!

Scott Katz spoke at the CLM 2017 Annual Conference in March.

October 23, 2016 EVENT Being a Leader: Effective Leadership Skills for Subrogators

NASP 2016 Annual Conference

January 27, 2016 EVENT Loss Executives Association's (LEA) 85th Celebration Market Share Losses: Conflicts and Controversies

Market Share Losses: Conflicts and Controversies

November 18, 2014 EVENT Butler Breakfast & Educational Seminar

Bad Faith: From Ruse to Reality / The Made Whole Rule: Lessons Learned from the World Trade Center Litigation

November eleven, 2014 EVENT NASP 2014 Annual Conference

Alternative Methods for Testing Expert Opinions While Still Complying with Daubert

August 06, 2014 EVENT NASP New York Chapter Meeting

Qualifying Fire Experts in Subrogation Cases: Daubert and the New NFPA Standards

April 01, 2014 EVENT 2014 ExecuSummit

The Made Whole Rule in Property Subrogation Cases: Lessons Learned from the World Trade Center Litigation

November 03, 2013 EVENT NASP's 2013 Annual Conference

The Made Whole Rule in Property Subrogation Cases: Lessons Learned from the World Trade Center Litigation

March 22, 2013 EVENT Litigation Skills and Management Conference

Effective Motion Practice in a Fire Case

November 12, 2012 EVENT 2012 NASP Annual Conference

Scott spoke at NASP's 2012 Annual Conference. The subject matter changed into, Using Ethics to Maximize Recoveries: Who Thought That Was Possible.

April 17, 2012 EVENT National Property Subrogation Strategies ExecuSummit

The Made Whole Rule in Property Subrogation Cases

December thirteen, 2011 EVENT CEU Institute Presentation

Spoliation of Evidence

November 06, 2011 EVENT NASP Annual Conference

The Made Whole Rule in Property Subrogation Cases

April 19, 2011 EVENT NASP Webinar

Current Trends & Creative Solutions

March 24, 2011 EVENT NASP Litigation Skills Conference

NASP Litigation Skills Conference

November 07, 2010 EVENT NASP 2010 Annual Conference

AIA Subrogation Waivers: Current Trends and Creative Solutions

November 01, 2009 EVENT Subrogating Wind Damages

NASP 2009 Annual Conference, Subro Rocks

November 12, 2008 EVENT Spoliation and Subrogation

FACAP's 31st Annual Training Seminar

November 04, 2008 EVENT The Inner Workings of the Subrogation Department: An In-Depth Symposium

NASP National Conference

April 19, 2007 EVENT Large Loss Subrogation Potpourri

ABA Property Insurance Loss Committee's 2007 Spring Meeting

March 08, 2007 EVENT Direct and Cross Examination of the Carrier's Damage Adjuster

Subrogation Litigation Skills Conference

News

November 29, 2016 NEWS Scott Katz changed into appointed the Lead Chair for the Claims and Litigation Management's Subrogation Committee

Scott Katz changed into appointed the Lead Chair for the Claims and Litigation Management’s Subrogation Committee. The CLM is the most important professional association within the coverage industry with a club of extra than 35,000 professionals inside the claims resolution and litigation control industries. Congratulations, Scott!

January 12, 2015 NEWS Scott Katz Appointed as CLM's Subrogation Committee Co-Chair

Scott Katz turned into these days appointed as the Subrogation Committee Co-Chair of the Claims and Litigation Management Alliance. The Claims and Litigation Management (CLM) Alliance is the most effective national organization created to fulfill the needs of professionals within the claims and litigation control industries. Founded in 2007, the CLM currently has greater than 25,000 Members and Fellows. Butler has been a member organization of CLM considering the fact that 2011