Scott is admitted to practice in all Florida courts, as well as in the Federal Courts for the Southern, Middle and Northern Districts of Florida. In addition to practicing throughout Florida, Scott has handled cases in Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Missouri, New Jersey, New York, North Carolina, Puerto Rico, South Carolina, Tennessee, Texas, Wisconsin, and the U.S. Virgin Islands. Scott has also coordinated cases in the Bahamas, Canada, Ecuador, Mexico, Nicaragua, and St. Lucia.
Scott’s practice focuses on large, complex Subrogation claims, where he represents both plaintiffs and defendants. Scott also works on insurance coverage disputes and casualty defense cases. He handles a wide range of matters including complex business disputes, general tort claims, professional malpractice, construction litigation, environmental damage, and product liability losses. Much of Scott’s work involves multi-party litigation relating to significant property losses, contract disputes, construction mishaps, chemical contamination, and product failures. Scott has been lead counsel in over thirty jury trials and numerous non-jury trials involving such matters.
Scott frequently lectures on a variety of topics. Throughout the years, he has led seminars concerning all aspects of large loss subrogation including: spoliation of evidence, the economic loss rule, legal ethics, NFPA 921, adjuster ethics, trial techniques and practice, AIA subrogation waivers, the Sutton Rule, the Made Whole Rule, expert testimony and other similar topics. Scott is also a member of several professional organizations and is currently the Lead Chair for Claims and Litigation Management’s Subrogation Committee.
December 01, 2013 PUBLICATION Proving Lost Profits In a Subrogation Case: It’s No Easy Matter
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.
As subrogation professionals, it is sometimes easy to overly focus on the liability issues in each case, leaving a thorough damages analysis for another day. However, it is a better practice to perform a complete evaluation of the legally recoverable damages early during the subrogation investigation, so that the true value of the claim can be ascertained and relayed to the subrogating insurer. This is especially so in cases where the business interruption portion of the loss is significant, since an error in proper quantification of the recoverable portion of the business interruption loss could dramatically change the overall valuation of a case -- both for settlement and trial purposes.
June 26, 2013 PUBLICATION Florida Supreme Court Limits Economic Loss Rule to Products Liability Claims
In an advantageous decision for the subrogation industry, the Florida Supreme Court recently narrowed the scope of the economic loss rule, and limited the rule’s application to only cases involving products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances when the damages incurred are wholly economic, and there is no other property damage or personal injury. Although inexplicably expanded over time, the recent decision curtails the expansive definition and returns Florida’s economic loss rule to its historical roots.
May 01, 2013 PUBLICATION Stuck Between a Collapsed Wall and a Hard Place: The Failure to Establish the Standard of Care in a Negligence Claim
Generally, to establish a claim for negligence, a plaintiff must show: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant’s breach.
April 01, 2012 PUBLICATION Are Expert Reports Always Protected by the Work Product Protection?... Maybe Not.
A question sometimes arises as to whether expert reports are protected under the work product doctrine when experts are retained by claims adjusters, as opposed to attorneys. For instance, when expert reports are issued to adjusters or another subrogation professional, the report can be deemed not protected, because the report is written during the normal course of an adjustment or investigative stage of a claim. On the other hand, when expert reports are directed to an attorney, the expert report usually has a better chance of being protected from subsequent disclosure, per the work product doctrine.
February 10, 2012 PUBLICATION Does the Case-by-Case Approach in Florida Apply Only on a Case-by-Case Basis?
The Anti-Subrogation Rule dictates that an insurer is generally precluded from seeking recovery against its own insured. While this premise on its face seems simple, a speCIal circumstance arises in the context of damage to leased property caused by a tenant’s negligence, Where the obvious intent of the parties [to a lease] was to shift the risk of daruages... to an Insurer... [the lessee] qualifies as an intended beneficiary under the Insurance policy; and therefore, the insurer is prohiblted from subrogating against the lessee.1 However, the lease provisions are commonly unclear, if not contradlctory, as to which party-landlord or tenant-is to bear the risk of a loss to the leased premises, or whether the tenant is considered a co-insured under the landlord’s property insurance policy. Most jurisdictions have been presented with these types of cases, and courts have implemented one of three recognized analytic approaches, Recently, the Fifth District Court of Appeal of Florida addressed this very issue in Underwriters of Lloyds of London v. Cape Publications, Inc., 2011 WL 2415845 (Fla. 5th DCA 2011).
November 17, 2010 PUBLICATION AIA Subrogation Waivers: Reason Reigns Supreme In Maryland
Court decisions concerning the scope and application of AIA subrogation waivers are vast and varied, but often employ strained legal logic. Some courts focus narrowly on the meaning of the terms Work and non-Work. Other courts base their analysis on the extent to which property insurance may exist. And sometimes, courts fail to address the underlying rationale for why AIA subrogation waivers are executed in the first place, while also ignoring the internal ambiguities within AIA contract documents themselves.
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.
February 01, 2007 PUBLICATION Florida’s Legislature Abolishes Joint and Several Liability
Effective April 26, 2006, the Florida Legislature eliminated the last vestige of joint and several liability. Florida has now joined the minority of jurisdictions that have completely abolished joint and several liability. Although this move has brought dramatic change and controversy, it was no surprise. The attempt at abolition actually began nearly twenty years ago and has been heavily lobbied by Florida’s Big Businesses. This article will address the impact of the elimination of joint and several liability, and the effect this change in the law will have on subrogation in Florida.
November 12, 2006 PUBLICATION Subrogating Hurricane Claims
The word hurricane originates from the Spanish word, Huracan, for the ancient Mayan storm god. No doubt the Mayans suffered frequently from Huracan’s wrath. But unlike the Mayans, recent storms have led insurers to vigorously pursue subrogated hurricane claims. This article will explore issues associated with the successful pursuit of subrogation claims arising from hurricanes.
April 01, 2005 PUBLICATION Live. . . From The House Of Subrogation!
The Hilton Hotel in Austin, Texas will truly be The House of Subrogation from November 13 through 16, when over 1,200 subrogation professionals from around the globe assemble for the NASP Annual Conference. And this year’s conference is expected to be even bigger, better and more alive than ever before!
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.
April 01, 2005 PUBLICATION Florida’s Made Whole Doctrine: Returning A Portion of the Insured’s Deductible Is Permissible - For Now!
Per Florida’s Made Whole Doctrine, insurers need only reimburse their insureds to the extent of their insured’s legally recoverable loss. In the recent case of Monte De Oca v. State Farm Fire & Casualty Co., ---So.2d---, 2004 WL 2955008 (Fla. 3d DCA 2004), the Third District Court of Appeal supported the partial return of a deductible to an insured based on the insured’s comparative negligence. This case is significant because it clarifies that an insurer, in Florida, does not violate the Made Whole Doctrine when the insurer returns only a prorated portion of the deductible to the insured due to the insured’s comparative negligence.
April 01, 2005 PUBLICATION Florida’s Supreme Court Finally Brings Clarity to the Economic Loss Rule
After years of confusing and contradictory rulings, Florida’s Supreme Court finally reigned in the scope of the Economic Loss Rule. In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004), the Florida Supreme Court cogently limited the Economic Loss Rule. It held that the Economic Loss Rule does not bar a negligence action to recover solely economic damages where the defendant is not a product manufacturer or distributor. The Court also held that the Economic Loss Rule simply does not apply to any situation where there is no privity between the litigants.
January 01, 2005 PUBLICATION Spoliation of Evidence - Limiting the Duty to Preserve
A summary of Killings v. Enterprise Leasing Company, Inc., 2008 WL 4967412 (Ala. 2008). A recent case from the Supreme Court of Alabama. 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, 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.
September 18, 2002 PUBLICATION Spoliation As Bad Faith
What happens when an insurer’s employee, insured, adjuster or attorney alters or destroys critical evidence? Can spoliation of evidence also constitute bad faith? Although there is no published decision directly on point, it appears that some courts may be willing to extend an insurer’s exposure to include extra-contractual damages for such conduct
June 01, 2002 PUBLICATION Fire Scene Spoliation: Have We Gone Too Far?
Over the past fifteen years, the amount of case law and commentary concerning spoliation of evidence has exploded. This attention has been positive in terms of highlighting and dealing with the loss of evidence involved in litigation. Consequently, today’s litigants better appreciate the need to preserve evidence.
March 14, 2019 EVENT Metrics, Analytics and AI, Oh My!
Join us for a lively presentation discussing metrics, data analytics, and predictive analytics. The panel will include the perspective from several different carriers and law firms. The discussion will cover closely watched data from both the carrier and firm perspective, why the data is tracked and how the analysis of the data influences future decisions and behavior. Additionally, the panel will discuss the current and future impact that artificial intelligence will have in shaping predictive analytics and will discuss how AI will influence the practice of law.
June 07, 2018 EVENT Managing Partner Scott Katz is the facilitator for the LEA Spring & Education Conference
Managing Partner, Scott Katz will be facilitating a discussion on Data Analytics: Drilling Down on the Trends that Matter for Litigation Management and Claims Management at the LEA Spring & Education Conference in Newport, RI, on June 7-8, 2018.
March 30, 2017 EVENT CLM 2017 Annual Conference - Data Analytics - Drilling Down on the Trends that Matter, or Should Matter...to You!
Scott Katz spoke at the CLM 2017 Annual Conference in March.
October 23, 2016 EVENT Being a Leader: Effective Leadership Skills for Subrogators
NASP 2016 Annual Conference
January 27, 2016 EVENT Loss Executives Association’s (LEA) 85th Celebration Market Share Losses: Conflicts and Controversies
Market Share Losses: Conflicts and Controversies
November 18, 2014 EVENT Butler Breakfast & Educational Seminar
Bad Faith: From Ruse to Reality / The Made Whole Rule: Lessons Learned from the World Trade Center Litigation
November 11, 2014 EVENT NASP 2014 Annual Conference
Alternative Methods for Testing Expert Opinions While Still Complying with Daubert
August 06, 2014 EVENT NASP New York Chapter Meeting
Qualifying Fire Experts in Subrogation Cases: Daubert and the New NFPA Standards
April 01, 2014 EVENT 2014 ExecuSummit
The Made Whole Rule in Property Subrogation Cases: Lessons Learned from the World Trade Center Litigation
November 03, 2013 EVENT NASP’s 2013 Annual Conference
The Made Whole Rule in Property Subrogation Cases: Lessons Learned from the World Trade Center Litigation
March 22, 2013 EVENT Litigation Skills and Management Conference
Effective Motion Practice in a Fire Case
November 12, 2012 EVENT 2012 NASP Annual Conference
Scott spoke at NASP’s 2012 Annual Conference. The topic was, Using Ethics to Maximize Recoveries: Who Thought That Was Possible.
April 17, 2012 EVENT National Property Subrogation Strategies ExecuSummit
The Made Whole Rule in Property Subrogation Cases
December 13, 2011 EVENT CEU Institute Presentation
Spoliation of Evidence
November 06, 2011 EVENT NASP Annual Conference
The Made Whole Rule in Property Subrogation Cases
April 19, 2011 EVENT NASP Webinar
Current Trends & Creative Solutions
March 24, 2011 EVENT NASP Litigation Skills Conference
NASP Litigation Skills Conference
November 07, 2010 EVENT NASP 2010 Annual Conference
AIA Subrogation Waivers: Current Trends and Creative Solutions
November 01, 2009 EVENT Subrogating Wind Damages
NASP 2009 Annual Conference, Subro Rocks
November 12, 2008 EVENT Spoliation and Subrogation
FACAP’s 31st Annual Training Seminar
November 04, 2008 EVENT The Inner Workings of the Subrogation Department: An In-Depth Symposium
NASP National Conference
April 19, 2007 EVENT Large Loss Subrogation Potpourri
ABA Property Insurance Loss Committee’s 2007 Spring Meeting
March 08, 2007 EVENT Direct and Cross Examination of the Carrier’s Damage Adjuster
Subrogation Litigation Skills Conference
November 29, 2016 NEWS Scott Katz was appointed the Lead Chair for the Claims and Litigation Management’s Subrogation Committee
Scott Katz was appointed the Lead Chair for the Claims and Litigation Management’s Subrogation Committee. The CLM is the largest professional association in the insurance industry with a membership of more than 35,000 professionals in the claims resolution and litigation management industries. Congratulations, Scott!
January 12, 2015 NEWS Scott Katz Appointed as CLM’s Subrogation Committee Co-Chair
Scott Katz was recently appointed as the Subrogation Committee Co-Chair of the Claims and Litigation Management Alliance. The Claims and Litigation Management (CLM) Alliance is the only national organization created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has more than 25,000 Members and Fellows. Butler has been a member firm of CLM since 2011
•Claims and Litigation Management Alliance (CLM)
•Hillsborough County Bar Association (HCBA)
•Loss Executives Association (LEA)
•National Association of Subrogation Professionals (NASP)
•National Fire Protection Association (NFPA)
•Southern Loss Association (SLA)
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