David B. Krouk

David B. Krouk: Attorney with Butler Weihmuller Katz Craig AV stamp icon
Attorney Awards

Biography

A Partner at Butler, David B. Krouk practices in our Casualty Defense Litigation, Coverage Defense, and Extra-Contractual claims departments. David joined the firm in 2001. His practice focuses on representing insurance carriers in the defense of extra-contractual litigation, coverage disputes and the management of difficult pre-suit claim handling scenarios. The focus of his practice is on extra-contractual issues arising from automobile liability claims, including insurer bad faith and uninsured motorist bad faith claims. He also frequently litigates issues pertaining to federal court removal and jurisdictional battles over the venue for litigation of coverage and bad faith claims.

In addition, David advises clients concerning extra-contractual exposure pre-suit. He often assists the carrier in handling difficult matters such as multiple claimant exposures, complex time demands, and excess exposure claims.

David is a frequent lecturer at insurance industry events on issues pertaining to bad faith and insurance coverage. He has also published numerous articles, including Breaking Down Privileges: Discovery of the Claim File In Florida Bad-Faith.

David earned his Doctor of Jurisprudence degree, with honors, from the University of Florida in 1992. While at the University of Florida law school, he was a member of the Moot Court Team. He also earned his Bachelor of Arts degree in Philosophy from Emory University in 1989. He is admitted to the Florida bar, all Federal courts in Florida, the United States Court of Appeal for the Eleventh Circuit and the United States Supreme Court.

Publications

March 25, 2010 PUBLICATION Breaking Down Privileges: Discovery of the Claim File In Florida Bad-Faith Actions

This is one of a series of articles originally published in Mealey’s Litigation Report: Insurance Bad Faith, Vol. 23, #22 (March 25, 2010). 2010

April 16, 2003 PUBLICATION The Current State of Comparative Bad Faith

In most every jurisdiction, the basis for a claim of insurer bad faith is the recognition of a duty of good faith and fair dealing inherent in any contract of insurance. See, e.g., Boston Old Colony v. Gutierrez, 386 So. 2d 783 (Fla. 1980). The focus in such cases is usually the question of whether or not the insurer has violated that duty. Inevitably, the question arises as to whether or not the actions of the insured can be considered bad faith and, if so, whether such actions can be raised as an affirmative defense to a claim of insurer bad faith.

October 23, 2002 PUBLICATION Time Bombs

Insurers find nothing more frustrating than paying for unearned indemnification dollars. In a first-party context this may result from unreported values causing a deflated premium. In other words, the insurer’s actual exposures require more premium than charged -- usually over many policy years. In a third-party context this unearned protection is the result of an excess judgment that the liability carrier is required to pay. In most jurisdictions this is the consequence of the liability insurer’s failure to settle within policy limits when it had the opportunity to do so.

April 18, 2001 PUBLICATION Resolution of the Underlying Claim as a Prerequisite to Bad Faith

In every jurisdiction that has considered the issue, a claim for bad faith does not accrue until there has been a final determination of the underlying claim for insurance benefits or third party damages. Taylor v. State Farm Mutual Automobile Ins. Co., 913 P.2d 1092 (Ariz. 1996); Blanchard v. State Farm Mutual Automobile Ins. Co., 575 So. 2d 1289 (Fla. 1991). Thus, before a plaintiff can sue an insurance company for bad faith, he must first finally resolve the claim which he contends the insurance company failed to settle in good faith. What constitutes a resolution of that claim varies with the type of claim asserted and the jurisdiction in which it is brought, but it can generally be broken down into three categories: excess judgment, settlement of the underlying claim, and judgment below policy limits.

Media

Webinars

February 18, 2016 WEBINARS Florida UM and Bad-Faith Litigation: Trial Court Options/Appellate Remedies

Florida UM and Bad-Faith Litigation: Trial Court Options/Appellate Remedies

Events

June 06, 2019 EVENT Harvey v. GEICO Gen. Ins. Co. - Where do we go from here?

This panel of experienced bad faith attorneys will discuss the landscape of third-party bad faith claims in Florida following the Supreme Court’s recent opinion in Harvey v. GEICO Gen. Ins. Co.

April 02, 2019 EVENT Reservation of Rights & Declination Letters

Join Partner David Krouk and David Jarrett of Western Reserve Group as they present Reservation of Rights & Declination Letters at the PLRB Claims Conference & Insurance Services Expo.

November 27, 2018 EVENT Claims Handling Landmines in Complex Auto Liability Claims

Partner David Kouk presented at the PLRB Large Loss Conference on the topic Claims Handling Landmines in Complex Auto Liability Claims on November 27, 2018.

June 08, 2018 EVENT FDLA Claims Conference - Uninsured Motorist Bad Faith Claims: Before, During and After Fridman v. Safeco

Partner David Krouk is presenting at the FDLA Liability Claims Conference on the topic Uninsured Motorist Bad Faith Claims: Before, During and After Fridman v. Safeco on June 8, 2018, in Lake Buena Vista, FL.

May 03, 2018 EVENT Identifying and Avoiding Typical Bad Faith Traps and Set Ups in Claim Handling

Partner David Krouk will present Identifying and Avoiding Typical Bad Faith Traps and Set Ups in Claim Handling” at the CLM Tampa Chapter Meeting on May 3rd, 2018.

April 16, 2018 EVENT PLRB Claims Conference- Uninsured Motorist Claims: Complex Issues

Uninsured Motorist Claims can be complex! Partner David Krouk explored approaches to resolving these complex issues, provided tips on assessing when litigation will be necessary and analyzed situations that lead to bad faith exposure.

November 08, 2017 EVENT 5th Annual Bad Faith Claims & Litigation Strategies ExecuSummit - Who is Afraid of the Big Bad Wolf?

Kathy Maus and David Krouk from Butler Weihmuller Katz Craig along with co-presenter Beth Zaro Green presented in Uncasville, CT at the 5th Annual Bad Faith Claims & Litigation Strategies ExecuSummit on the topic of Who is Afraid of the Big Bad Wolf?

April 17, 2016 EVENT PLRB Claims Conference & Insurance Services Expo

Uninsured Motorist Claims: Facing Complex Issues

October 28, 2015 EVENT PLRB Large Loss Conference

Claims Handling Landmines in Complex Liability Claims

May 05, 2015 EVENT 2015 Bad Faith Litigation Strategies ExecuSummit - Spring Session

Bad Faith Litigation involving claims for Uninsured and Underinsured Motorist Coverage

March 29, 2015 EVENT PLRB Claims Conference

Complex Issues in Uninsured/Underinsured Motorist Claims

November 04, 2014 EVENT Bad Faith Litigation Strategies ExecuSummit

Bad Faith Issues

October 29, 2013 EVENT PLRB Regional Adjusters Conference

Expected or Intended Conduct: Is It an Occurrence?

September 10, 2013 EVENT PLRB Regional Adjusters Conference

Expected or Intended Conduct: Is It an Occurrence?

June 11, 2013 EVENT PLRB Regional Adjusters Conference

Expected or Intended Conduct: Is It an Occurrence?

November 08, 2011 EVENT PLRB/LIRB 2011 Regional Adjusters Conference

Expected or Intended Conduct

September 07, 2011 EVENT PLRB/LIRB 2011 Regional Adjusters Conferences

PLRB/LIRB 2011 Regional Adjusters Conferences

October 20, 2009 EVENT When Is Independent Counsel Needed?

PLRB/LIRB Western Regional Adjusters Conference

September 09, 2009 EVENT When Is Independent Counsel Needed?

PLRB/LIRB Central Regional Adjusters Conference

June 24, 2009 EVENT Good Faith Claim Handling in Florida

Areas of Practice (3)

  • Casualty Defense Litigation
  • Extra-Contractual
  • Third-Party Coverage

Education & Credentials

Contact Information:
(813) 281-1900  Phone
www.butler.legal
University Attended:
Emory University, B.A., Philosophy, 1989
Law School Attended:
University of Florida, J.D., with honors, 1992
Year of First Admission:
1992
Admission:
U.S. District Court, Middle District of Florida; U.S. District Court, Southern District of Florida; U.S. District Court, Northern District of Florida; U.S. Court of Appeals, Eleventh Circuit; 1992, Florida; U.S. Supreme Court
Memberships:

Memberships

•Defense Research Institute (DRI)
•Florida Defense Lawyers Association (FDLA)
•Property and Liability Research Bureau

Birth Information:
Livingston, New Jersey, February 18, 1967
Reported Cases:
Experience: REPRESENTATIVE CASES: Aboy v. State Farm, 394 Fed. Appx. 655 (11th Cir. 2010) - opinion affirming summary judgment in favor of insurance company in third-party bad faith case, finding that without damages likely in excess of policy limits, duty to initiate settlement negotiations does not apply.; Bell v. State Farm, 30 So.3d 684 (Fla. 4th DCA 2010) - opinion affirming dismissal of fraud and bad faith claims against insurance company, finding that blue sky letter need not be disclosed under the disclosure statute.; Capron v. Steadfast Ins. Co., 2010 WL 1837753 (M.D. Fla. 2010) - order dismissing coverage claim against insurer based on pollution exclusion contained in CGL policy.; Founders Ins. Co. v. Tome, 878 F.Supp.2d 1266 (M.D. Fla. 2012) - order granting summary judgment in favor of insurer finding no duty to defend or indemnify under liquor liability policy.; Garbutt v. Lafarnara, 795 So.2d 957 (Fla. 2001) - opinion reversing seven-figure judgment and holding that motion for mistrial made after plaintiff's improper closing argument preserved the error for review.; Kropilak v. 21 st Century Security Ins. Co., 806 F.3d 1062 (11 th Cir. 2015) - opinion affirming jury verdict in favor of the insurance company defendant in a third party bad faith action, and holding that an insurance company has no good faith duty to enter into a consent judgment agreement or Cunningham agreement in excess of the policy limits.; Lahey v. State Farm, 2007 WL 2029334 (M.D. Fla. 2007) - order denying motion to remand bad faith case to state court, finding that bad faith claim amended to previous uninsured motorist claim was independently removable to federal court.; Mendez v. Unitrin Direct, 622 F.Supp.2d 1233 (M.D. Fla. 2007) - order granting new trial in third-party bad faith case, vacating excess judgment against insurance company, finding it improper for plaintiff to argue that the jury was to decide who should pay the excess judgment.; Welford v. Liberty Ins. Corp., 2017 WL 5899784 (11 th Cir. 2017) - opinion affirming order granting summary judgment in favor of insurance company defendant in a third party bad faith case, finding that without clear liability on the insured, the insurer does not have an affirmative duty to initiate settlement negotiations.; CASE TYPE: Bad Faith; Catastrophic Injuries; Civil Remedy Notices; Commercial General Liability; Complex Liability Litigation; Coverage - Bodily Injury; Coverage - First Party Automobile; Coverage - Personal Injury; Extracontractual Claims; General Liability - Coverage; Third Party Coverage Issues; Third Party Liability; Underinsured Motorist; Uninsured Motorist
ISLN:
901171045

Peer Reviews

4.5/5.0 (10 reviews)
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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

    4.5/5.0
  • Analytical Capability

    4.5/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.5/5.0
  • Legal Experience

    4.5/5.0
  • 5.0/5.0 Rated by a Managing Partner on 08/06/10 in Insurance

    It is my opinion that Mr. Krouk should receive Martindale's highest rating.

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  • 5.0/5.0 Rated by a Partner on 08/06/10 in Insurance

    Smart attorney.

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Tampa, Florida

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