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.
October 29, 2018 PUBLICATION The 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.
July 12, 2017 PUBLICATION State 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.
December 17, 2015 PUBLICATION Introduction 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. . . . ”
October 01, 2014 PUBLICATION Optimizing 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.
December 01, 2013 PUBLICATION The 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.
September 01, 2013 PUBLICATION Mind 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.
October 04, 2011 PUBLICATION Litigation 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.
July 07, 2010 PUBLICATION Florida 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.
June 01, 2009 PUBLICATION Spoliation 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.
February 01, 2007 PUBLICATION Florida 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.
October 01, 2005 PUBLICATION Fire 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.
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 effective on May 27, 2003. This law drastically changed how claims for construction defects are to be made by homeowners against contractors in Florida.
February 01, 2004 PUBLICATION New 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.
June 18, 2003 PUBLICATION Appraising 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.
January 22, 2003 PUBLICATION Anger 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
July 18, 2017 BLOG POST Subrogation 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.
July 22, 2014 BLOG POST Florida 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.
November 12, 2018 EVENT Determining 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.
October 19, 2017 EVENT FACAP / IASIU JOINT CONFERENCE - FIRE IN THE COURTROOM: LESSONS LEARNED IN THE HEAT OF BATTLE
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 .
June 16, 2016 EVENT Proving Products Liability Cases: The Bar has been Raised
A presentation on best practices regarding product liability cases.
April 19, 2016 EVENT 5th Annual Cyber Liabilities Insurance ExecuSummit
Subrogation & Cyber Liability Insurance: 2016 Update
April 07, 2016 EVENT NASP 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.
August 12, 2015 EVENT Fire Investigation & Fire Spread Seminar
Effective Fire Investigations and Fire Spread Liability: Practical Strategies for Prosecuting & Defending
June 24, 2015 EVENT RIMKUS 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.
April 21, 2015 EVENT 4th Annual Cyber Liabilities Insurance ExecuSummit
Subrogation & Cyber Liability Insurance 2015 Update
November 10, 2014 EVENT NASP 2014 Annual Conference
Hiring, Training and Motivating a New Generation of Employees
November 05, 2014 EVENT Butler Subrogation & Recovery Webinar
Is Your Claim Undermined Because Your Target is Underwater? - What To Do When Your Recovery Target Files for Bankruptcy
June 25, 2014 EVENT 2014 RIMKUS CE Seminar
Updates to NFPA 921
April 10, 2014 EVENT NASP 2014 Litigation Skills Conference
Using Exhibits Effectively When Arguing, Mediating and Negotiating
November 03, 2013 EVENT NASP’s 2013 Annual Conference
Subro and Cyber Security
February 12, 2013 EVENT NASP Webinar
Alternative Dispute Resolution - Litigation is Not Always the Only Option
April 15, 2012 EVENT PLRB Claims Conference
Subrogation & Recovery Following a Weather Catastrophe
November 06, 2011 EVENT NASP Annual Conference
April 03, 2011 EVENT 2011 PLRB Claims Conference
2011 PLRB Claims Conference
February 23, 2010 EVENT Subrogating Construction Claims and the Obstacles We Typically Face
Local Education and Networking
June 18, 2009 EVENT NASP - Local Education and Networking
Common Issues Faced Litigating a Product Liability Claim
and Who Do You Sue?
April 04, 2016 NEWS Matthew 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.
•American Bar Association (ABA)
•National Association of Subrogation Professionals (NASP)
•Tort Trial and Insurance Practice Section of the American Bar Association