David Krouk
Partner | Tampa
A Partner at Butler, David B. Krouk is the practice group leader for the firm’s Extra-Contractual Claims Department. He practices in our Casualty Defense Litigation, Coverage Defense, and Extra-Contractual Claims departments. David joined the firm in 2001. His practice focuses on representing insurance carriers in defense of extra-contractual litigation and coverage disputes and managing difficult pre-suit claim handling scenarios.
His practice focuses on extra-contractual issues arising from automobile liability claims, including insurer bad faith and uninsured motorist bad faith claims. He also frequently litigates issues about federal court removal and jurisdictional battles over the venue for litigation of coverage and bad faith claims.
In addition, David advises clients concerning extra-contractual exposure pre-suit. He often assists the carrier in handling difficult matters such as multiple claimant exposures, complex time demands, and excess exposure claims.
David is a frequent lecturer at insurance industry events on bad faith and insurance coverage issues. He has also published numerous articles, including “Breaking Down Privileges: Discovery of the Claim File In Florida Bad-Faith.”
David earned his Doctor of Jurisprudence 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 his Bachelor of Arts in Philosophy from Emory University in 1989. He is admitted to the Florida bar, all Federal courts in Florida, the United States Court of Appeal for the Eleventh Circuit, and the United States Supreme Court.
Admissions
- Florida
Recognitions
- Best Lawyers, 2022-2025
Education
- Emory University
Bachelor of Arts - University of Florida
Doctor of Jurisprudence
Memberships
- DRI
- Florida Defense Lawyers Association (FDLA)
- Property and Liability Research Bureau (PLRB)
Courts
- United States District Court – Northern District of Florida
- United States District Court – Middle District of Florida
- United States District Court – Southern District of Florida
- United States Court of Appeals, Eleventh Circuit
- United States Supreme Court
- Florida State Courts
Experiences
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, finding that without damages likely in excess of policy limits, duty to initiate settlement negotiations does not apply.
Bell v. State Farm, 30 So.3d 684 (Fla. 4th DCA 2010)—opinion affirming dismissal of fraud and bad faith claims against insurance company, finding that “blue sky” letter need not be disclosed under the disclosure statute.
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., 806 F.3d 1062 (11th Cir. 2015)— opinion affirming jury verdict in favor of the insurance company defendant in a third party bad faith action, and holding that an insurance company has no good faith duty to enter into a consent judgment agreement or “Cunningham” agreement in excess of the policy limits.
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, finding it improper for plaintiff to argue that the jury was to decide who should pay the excess judgment.
Welford v. Liberty Ins. Corp., 2017 WL 5899784 (11th Cir. 2017) — opinion affirming order granting summary judgment in favor of insurance company defendant in a third party bad faith case, finding that without clear liability on the insured, the insurer does not have an affirmative duty to initiate settlement negotiations.
Media
Best Lawyers – 2025 Edition
Join us in congratulating our attorneys who were recognized in the Best Lawyers 2025 publication! Click on their icons to learn more. Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal ...
Using Probate and Guardianship to Prevent Failure to Settle
Join us at the FDLA 2024 Florida Liability Claims Conference for an insightful presentation by Tampa Partner David Krouk and co-presenter Jesus O. Valentino (Valentino Law PLLC). They will examine the complexities of settling liability claims involving minor, deceased, and incompetent claimants. Attendees will explore the probate process and learn how to ensure enforceable settlement agreements i...
Butler presents the STEP award to Juanita Melendez
Butler is pleased to announce that Juanita Melendez is the latest recipient of the firm’s STEP Award. The STEP Award recognizes outstanding service, teamwork, excellence, and adherence to the firm’s principles. Juanita is a legal assistant in the Subrogation Group in Dallas. While Juanita is exceptional at her job, it is everything else she does that truly embodies the principals that Butler ...
Best Lawyers – 2024 Edition
Join us in congratulating our attorneys who were recognized in the 2024 Best Lawyers publication! Click on their icons to learn more. Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal ...
BUTLER PRESENTS THE STEP AWARD TO Sandy Peninger
Sandy Peninger is the recipient of this month’s STEP Award. Sandy joined the firm in Feb 2018 and is currently the Legal Administrative Clerk in the Charlotte office. She brings an unfettered attitude of “what can I do today to help” with her to the office daily and displays endless drive to complete whatever tasks face her, all without complaint. She is often the “jack of trades” when i...
