Kathy J. Maus

Kathy J. Maus: Attorney with Butler Weihmuller Katz Craig

Biography

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.

Publications

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.

Media

Blog Posts

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.

Events

February 21, 2017 EVENT IADC Midyear Meeting - What has Eight Corners and is Not a Cube? Issues Arising from the Duty to Defend

Kathy Maus from Butler Weihmuller Katz Craig along with co-presenters Robin Donoian and Michael A. Hamilton presented in Scottsdale, AZ at the IADC Midyear Meeting on the topic of What has Eight Corners and is Not a Cube? Issues Arising from the Duty to Defend on February 21, 2017.

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

News

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

Recognitions

•DRI's Richard H. Krochock award, 2007

Areas of Practice (8)

  • Casualty Defense Litigation
  • Construction
  • Employment Law
  • Extra-Contractual
  • First-Party Coverage
  • Product Liability
  • Specialty Trial Team
  • Third-Party Coverage

Education & Credentials

Contact Information:
(850) 894-4111  Phone
www.butler.legal
University Attended:
Florida State University, Bachelor of Arts
Law School Attended:
Florida State University College of Law, J.D., cum laude
Year of First admission:
1991
Admission:
1991, Florida; U.S. Court of Appeals, Eleventh Circuit; U.S. Supreme Court
Memberships:

Memberships

•ABOTA (American Board of Trial Advocates)
•Defense Research Institute (DRI)
•Florida Defense Lawyers Association (FDLA)
•International Association of Defense Counsel (IADC)
•Tallahassee Bar Association
•Tallahassee Women Lawyers (TWL)
•William Stafford Inns of Court
•Women in the Law Networking Committee

Birth Information:
Tampa, Florida, October 5, 1964
Reported Cases:
Case Type: Age Discrimination in Employment Act (ADEA); Americans with Disabilities Act; Appellate; Attorney Fee Disputes; Catastrophic Injuries; Catastrophic Loss; CCIP - Contractor Controlled Insurance Program; CGL; Church Organizations; Civil Remedy Notices; Civil Rights; Class Action; Commercial General Liability; Complex Liability Litigation; Construction Defect Litigation - Indemnity Claims; Contribution Claims; Coverage - Advertising Injury; Coverage - Bodily Injury; Coverage - First Party Automobile; Coverage - Personal Injury; Employment Law; Employment Law - Gender; Employment Law - Race; Environmental Liability - Chemicals; Excess Coverage; Extracontractual Claims; False Arrest; Federal Tort Claims Act Litigation; General Casualty Litigation; General Liability - Coverage; Libel; Malicious Prosecution; Malpractice - Architecture; Malpractice - Engineering; Manufacturer Liability; Manufacturer Liability - Drugs; Manufacturer Liability - Medical Devices; Mass Torts; MDL - Mass Torts; Municipal Liability; Negligent Hiring; Negligent Security - Violent Crimes; Negligent Supervision; Owner Controlled Insurance Program - OCIP; Premises Liability; Products Liability; Products Liability - Automobile; Products Liability - Consumer Products (All Types); Products Liability - Equipment Losses; Professional Liability; Sexual Misconduct; Slander; Sovereign Immunity Issues; Standard Liability; Third Party Coverage Issues; Third Party Liability; Toxic Tort - Chemicals; Underinsured Motorist; Uninsured Motorist; Wraps; Wrongful Discharge
ISLN:
901373715

Peer Reviews

  • 4.5/5.0 (21)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.6/5.0
  • Analytical Capability

    4.5/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.5/5.0
  • Legal Experience

    4.5/5.0
  • Kathy J. Maus

    5.0/5.0 by a Member on 01/20/16 in Employment Law on 01/20/16

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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  • Kathy J. Maus

    5.0/5.0 by a Partner on 01/20/16 in Defense Litigation on 01/20/16

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Kathy J. Maus

    5.0/5.0 by a Senior Associate on 12/02/14 in Insurance Litigation on 12/02/14

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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  • Kathy J. Maus

    5.0/5.0 by a Judge on 03/04/11 in Civil Practice on 03/04/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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  • Kathy J. Maus

    5.0/5.0 by a Judge on 02/02/11 in Civil Liability on 02/02/11

    Ms. Mause is an excellent attorney. Ms. Mause appeared before me on numerous occassions while I was a trial judge in the Second Judicial circuit of Florida. She is always...

    Read more

    Ms. Mause is an excellent attorney. Ms. Mause appeared before me on numerous occassions while I was a trial judge in the Second Judicial circuit of Florida. She is always well prepared, knowledgeable courteous and is well regarded by her colleagues as well as by judges.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Kathy J. Maus

    5.0/5.0 by a Partner on 02/02/11 in Insurance Coverage Defense on 02/02/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Kathy J. Maus

    5.0/5.0 by a Partner on 02/02/11 in Personal Injury Defense on 02/02/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Kathy J. Maus

    5.0/5.0 by a Partner on 02/02/11 in Civil Litigation on 02/02/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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  • Kathy J. Maus

    5.0/5.0 by a Member on 02/02/11 in Insurance Litigation on 02/02/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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  • Kathy J. Maus

    5.0/5.0 by a Member on 02/02/11 in Insurance Bad Faith Defense on 02/02/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
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