Disciplined in Sophisticated Defense and Insurance Litigation

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.

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 a Juris Doctor 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 a Bachelor of Arts in Philosophy from Emory University in 1989.

Education

  • Emory University
    Bachelor of Arts in Philosophy
  • University of Florida
    Juris Doctor

Memberships

  • Defense Research Institute
  • Property and Liability Research Bureau

Courts

  • State Courts of Florida
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Courts for the Northern, Middle, and Southern Districts of Florida
  • United States Supreme Court

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.

Bell v. State Farm, 30 So.3d 684 (Fla. 4th DCA 2010) - opinion affirming dismissal of fraud and bad faith claims against insurance company.

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. 21st Century Security Ins. Co., Case No. 8:12-cv-01816-EAK-TGW (M.D. Fla. 2014) – jury verdict in favor of the insurance company defendant in a third-party bad faith case.

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.

March 25, 2010 PUBLICATIONBreaking 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  

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April 16, 2003 PUBLICATIONThe 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. 

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October 23, 2002 PUBLICATIONTime 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. 

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April 18, 2001 PUBLICATIONResolution 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.

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Events

May 05, 2015 EVENT2015 Bad Faith Litigation Strategies ExecuSummit - Spring Session
2015 Bad Faith Litigation Strategies ExecuSummit - Spring Session
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March 29, 2015 EVENTPLRB 2015 Claims Conference
PLRB 2015 Claims Conference
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November 04, 2014 EVENTBad Faith Litigation Strategies ExecuSummit
Bad Faith Litigation Strategies ExecuSummit
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October 29, 2013 EVENTPLRB Regional Adjusters Conference
PLRB Regional Adjusters Conference
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September 10, 2013 EVENTPLRB Regional Adjusters Conference
PLRB Regional Adjusters Conference
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June 11, 2013 EVENTPLRB Regional Adjusters Conference
PLRB Regional Adjusters Conference
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November 08, 2011 EVENTPLRB/LIRB 2011 Regional Adjusters Conference
PLRB/LIRB 2011 Regional Adjusters Conference
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September 07, 2011 EVENTPLRB/LIRB 2011 Regional Adjusters Conferences
PLRB/LIRB 2011 Regional Adjusters Conferences
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October 20, 2009 EVENTWhen Is Independent Counsel Needed?
When Is Independent Counsel Needed?
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September 09, 2009 EVENTWhen Is Independent Counsel Needed?
When Is Independent Counsel Needed?
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June 24, 2009 EVENTGood Faith Claim Handling in Florida
Good Faith Claim Handling in Florida
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Key Points
Practice Area CASE TYPE
  • Bad Faith
  • BI (Bodily Injury)
  • Bodily Injury - Coverage
  • 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
  • Motor Vehicle Claims
  • Personal Injury - Coverage
  • Third Party Coverage Issues
  • Third Party Liability
  • UIM
  • UM
  • Underinsured Motorist
  • Uninsured Motorist Claims