Kathy J. Maus is a Partner at Butler. Starting with the firm in 1991, she is the Partner-in-Charge of the Tallahassee office. Kathy is active in the firm's bad faith, first and third party liability defense and insurance coverage practices, including the areas of construction, employment, bodily injury and catastrophic injury cases, among others.
Before earning her Doctor of Jurisprudence, cum laude, from Florida State University in 1991, Kathy served as a licensed Commercial Liability Claims Adjuster with a national insurance company, and she draws on this experience for her work.
Kathy is a Board Certified Civil Trial Lawyer and a recognized Florida Super Lawyer in Insurance Coverage. She is licensed in the State of Florida and in each of Florida's Federal District Courts within the 11th Circuit. She is also licensed to practice in the 11th Circuit Court of Appeal and the United States Supreme Court. She served as a Board of Director for the Defense Research Institute, The International Association of Defense Counsel, and as President of the Tallahassee Chapter of ABOTA, the Tallahassee Bar Association and Tallahassee Women Lawyers.
August 15, 2011 PUBLICATION Determining Coverage In Property Insurance Policies- New Appleman on Insurance Law Library Edition, Chapter 42
Then addressing a claim for indemnity for the loss or damage to property, counsel will need to determine whether the claimant is a person or entity whose loss is covered under the terms and conditions of the policy at issue. In a first-party property insurance matter, the issue of whether a claimant has standing to assert a right to benefits...
April 01, 2011 PUBLICATION Raising 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.
May 27, 2010 PUBLICATION Perera v. United States Fidelity & Guaranty Co.
In a decision that some may use to attempt to broaden the landscape for third-party bad faith actions, the Florida Supreme Court in Perera v. United Stated Fidelity & Guaranty Co., ___ So. 3d ___, 2010 WL 1791151 (Fla. 2010), held that an excess judgment is not necessarily required in order for a third-party bad faith action to be maintained against an insurer. A third-party bad faith action may in fact be permitted by the courts if the insurer's actions cause damages to the insured or result in exposure to the insured in excess of its policy limits.
January 01, 2007 PUBLICATION Pushing 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.
October 24, 2000 PUBLICATION Raising the Coverage Defense in the Bad Faith Case
In representing insurers in bad faith litigation, from time to time one will find a coverage issue that was not raised in the underlying litigation. The question to be addressed in this article is whether the coverage issue may be raised for the first time as a defense to the bad faith litigation.
January 01, 2000 PUBLICATION Bad 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.
July 01, 1999 PUBLICATION Standard of Care in First Party Bad Faith Actions: Is Fairly Debatable Fair?
Since the early 1970s, when first-party bad faith actions came into being, a considerable body of law has developed on the standard of care for insurers to avoid liability. In creating and defining such standards, courts have struggled to balance the interests of insureds and insurers. This article is a general review of those decisions and standards.
•DRI's Richard H. Krochock award, 2007
October 05, 2016 BLOG POST Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case
On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist (“UIM”) bad faith case. In Cadle v. GEICO Gen'l Ins. Co., the federal appeals court held that the plaintiff's failure to provide evidence that she suffered a permanent injury within a reasonable degree of medical probability within the statutory cure period was fatal to her bad faith claim against GEICO.
September 28, 2016 EVENT What Has Eight Corners, but Isn't a Cube? Issues Arising from the Duty to Defend
Southeast Regional Claims Conference 2016
May 05, 2015 EVENT 2015 Bad Faith Litigation Strategies ExecuSummit - Spring Session
Bad Faith across Jurisdictions: Trends & Impacts: Spotlight on Florida
February 13, 2012 EVENT IADC Midyear Meeting
What's Hot in Construction Defect Litigation
June 23, 2011 EVENT 2011 Insurance Bad Faith and Extra-Contractual Claims Symposium
2011 Insurance Bad Faith and Extra-Contractual Claim Symposium for DRI
March 30, 2011 EVENT 2011 DRI Insurance Coverage & Claims Institute
2011 Insurance Coverage and Claims Institute
May 31, 2016 NEWS Tallahassee Recipient of Butler Step-Up Award Selected
Ruth Castro selected as Tallahassee Step-Up award winner.
September 29, 2014 NEWS Seven Partners Listed in The Best Lawyers in America 2015
November 20, 2012 NEWS Kathy Maus - Litigation Counsel of America
May 01, 2012 NEWS Kathy Maus Selected to FAWL's Class of Leaders in the Law
July 15, 2011 NEWS Kathy Maus is elected to the IADC Board of Directors