Matthew W. Peaire

Matthew W. Peaire: Attorney with Butler Weihmuller Katz Craig

Biography

Matthew W. Peaire is a Partner at Butler. Since joining the firm in 2001, his practice has focused on both large, complex Subrogation matters and Cyber Losses where he provides attorney managed, pre-breach risk assessments, post-breach incident response, and legal representation to companies who have been the victim of a data breach. Matt’s subrogation practice ranges from handling smaller personal lines losses to large commercial losses. He routinely handles subrogation and recovery cases throughout the United States for both insurers and self-insureds.

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.

Publications

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

Media

Blog Posts

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.

Events

March 20, 2018 EVENT 7th Annual Cyber Liabilities Insurance ExecuSummit - After the Breach: Response and Subrogation Strategy

Matthew Peaire from Butler Weihmuller Katz Craig along with co-presenter Mathew Scott, and Hillard M. Sterling will be presenting in Uncasville, CT at the 7th Annual Cyber Liabilities Insurance ExecuSummit on the topic of After the Breach: Response and Subrogation Strategy .

March 01, 2018 EVENT 40TH ANNUAL ARSON SEMINAR - Subrogation Review -The Importance of Evidence

Matthew Peaire from Butler Weihmuller Katz Craig will be presenting in Ocala, FL at the 40th Annual Arson Seminar on the topic of Subrogation Review -The Importance of Evidence .

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

SIU

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?

News

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.

Areas of Practice (3)

  • Cyber Losses
  • Reinsurance
  • Subrogation & Recovery

Education & Credentials

Contact Information:
(813) 281-1900  Phone
www.butler.legal
University Attended:
University of Florida, B.A., 1996; Stetson University, M.B.A.
Law School Attended:
Stetson University, J.D., 2000
Year of First admission:
2001
Admission:
2001, Florida; U.S. District Court, Northern and Middle Districts of Florida
Memberships:

Memberships

•American Bar Association (ABA)
•National Association of Subrogation Professionals (NASP)
•Tort Trial and Insurance Practice Section of the American Bar Association

Birth Information:
Atlanta, Georgia, July 20, 1973
Reported Cases:
Case Type: Catastrophic Recovery Coordination; Class Action; Commercial Litigation; Complex Liability Litigation; Construction Defect Litigation; Construction Defect Litigation - Design; Construction Defect Litigation - Indemnity Claims; Construction Defect Litigation - Roof; Construction Defect Litigation - Windows; Contribution Claims; Coverage - First Party Automobile; Federal Multi-District Litigation; Federal Tort Claims Act Litigation; Fidelity and Surety; Fire Spread Litigation; Heavy Equipment Claims; Negligent Supervision; Products Liability; Products Liability - Automobile; Products Liability - Consumer Products (All Types); Products Liability - Equipment Losses; Products Liability - Pipe Failures; Professional Malpractice - Engineering/Architecture; Reinsurance Coverage; Subrogation
ISLN:
915729621

Peer Reviews

  • 4.4/5.0 (14 reviews)
  • 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

    4.3/5.0
  • Analytical Capability

    4.4/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.4/5.0
  • Legal Experience

    4.4/5.0

See All 14 Reviews »


*Peer Reviews provided before April 15, 2008 are not displayed.

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