Kathy J. Maus is a Partner at Butler. With the firm since 1991, Kathy enjoys a diverse, illustrious career that is thriving. She is the Partner in charge for the Tallahassee office. Kathy is active in the firm's bad faith, casualty defense, construction, coverage defense employment law, catastrophic injuries, and first and third party liability defense and insurance coverage practices, among others.
Before earning her Doctorate of Jurisprudence, with honors, from Florida State University in 1991, Kathy served as a licensed Commercial Liability Claims Adjuster with a national insurance company, and she draws on this experience for her work on insurance cases.
Kathy is a Board Certified Civil Trial Lawyer. She is licensed in the State of Florida and in each of Florida's Federal District Courts within the 11th Circuit. She is also licensed to practice in the 11th Circuit Court of Appeal and the United States Supreme Court. She is a former member of the Florida Bar Voluntary Bar Liaison Committee.
- DRI's Richard H. Krochock award, 2007
- Florida State University
Bachelor of Arts
- Florida State University College of Law
Doctorate of Jurisprudence
- ABOTA (American Board of Trial Advocates)
- Defense Research Institute
- Florida Defense Lawyers Association
- IADC (International Association of Defense Counsel)
- International Association of Defense Counsel
- Tallahassee Women Lawyers
- William Stafford Inns of Court
- Women in the Law Networking Committee
- All Federal Courts in Florida
- United States Court of Appeals for the Eleventh Circuit
- United States Supreme Court
August 15, 2011
PUBLICATIONDetermining Coverage In Property Insurance Policies- New Appleman on Insurance Law Library Edition, Chapter 42
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This chapter addresses the issues that can govern whether the loss or damage to particular property falls within the coverage provided by an insurance contract. As in a news story, the critical questions affecting coverage for loss or damage to property under an insurance policy are "who," "what," "where," "when," and "how." When addressing a claim for indemnity for the loss or damage to property, counsel will need to determine whether the claimant is a person or entity whose loss is covered under the terms and conditions of the policy at issue. In a first-party property insurance matter, the issue of whether a claimant has standing to assert a right to benefits under the policy can be complicated. The claimant can include the named insured in the policy, an additional insured, (either by name or description), a mortgagee or its successor, persons or entities who believe they fall within the policy definition of "insured" or "additional insured," persons or entities who believe they are entitled to benefits as third-party beneficiaries or as assignees or successor entities to the named insured. Claimants can also be principals in an insured entity that has been dissolved during the policy period.
April 01, 2011
PUBLICATIONRaising the Roof: What's Hot In Construction Defect Litigation
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Kathy J. Maus is a partner with Butler Weihmuller Katz Craig LLP, having joined the firm in 1991. Julius F. "Rick" Parker III is a senior associate with the firm, having joined the firm in 2004. Ms. Maus and Mr. Parker both practice in the firm's Tallahassee office and focus their practices on first and third party extracontractual litigation defense, casualty litigation and first and third-party coverage matters. Ms. Maus serves on DRI's Insurance Law Committee Steering Committee and is a past member of DRI's Board of Directors. She is also vice-chair of DRI's upcoming Bad Faith Seminar in Washington, D.C. in June.
May 27, 2010
PUBLICATIONPerera v. United States Fidelity & Guaranty Co.
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In a decision that some may use to attempt to broaden the landscape for third-party bad faith actions, the Florida Supreme Court in Perera v. United Stated Fidelity & Guaranty Co., ___ So. 3d ___, 2010 WL 1791151 (Fla. 2010), held that an excess judgment is not necessarily required in order for a third-party bad faith action to be maintained against an insurer. A third-party bad faith action may in fact be permitted by the courts if the insurer's actions cause damages to the insured or result in exposure to the insured in excess of its policy limits.
January 01, 2007
PUBLICATIONPushing The Envelope: Exploring The Newest Trends In Bad Faith Exposure In Automobile Cases
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In recent years, the term "bad faith" has become a term which may strike terror in the heart of defense attorneys, claims handling professionals and in-house counsel for insurers; and for good reason. An action for bad faith, whether it be "first-party" or "third-party" can and has led to "extra-contractual damages," i.e., damages which are not governed by limits of insurance or other limitations on coverage contained in the insurance contract. Allegations of bad faith attempt to re-write the rules for claims handling in the middle of the game. For this reason, bad faith exposure cannot be actuarially predicted or accurately accounted in the setting of premiums based on the risk presented. It therefore has the potential to cost insurers more than the maximum exposure traditionally presented by a particular risk under a policy with defined limits of coverage.
October 24, 2000
PUBLICATIONRaising the Coverage Defense in the Bad Faith Case
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In representing insurers in bad faith litigation, from time to time one will find a coverage issue that was not raised in the underlying litigation. The question to be addressed in this article is whether the coverage issue may be raised for the first time as a defense to the bad faith litigation.
January 01, 2000
PUBLICATIONBad Faith Findings in the Absence of Coverage
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Claimants sometimes seek bad faith damages from their insurer even when there is no coverage for the loss or claim. Courts have split on the issue of whether a carrier can be held liable for bad faith when there is no coverage. Courts often analyze this issue differently for first party and third party claims. Whether a claim involves both covered and non covered claims also affects the analysis of this issue.
July 01, 1999
PUBLICATIONStandard of Care in First Party Bad Faith Actions: Is "Fairly Debatable" Fair?
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Since the early 1970s, when first-party bad faith actions came into being, a considerable body of law has developed on the standard of care for insurers to avoid liability. In creating and defining such standards, courts have struggled to balance the interests of insureds and insurers. This article is a general review of those decisions and standards.