Partner | Tampa
fryan@butler.legal
813-281-1900
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A Partner at Butler, Fay E. Ryan devotes her Tampa practice to third-party coverage and extra-contractual matters. Within these practice areas, her numerous claims deal with construction defects, auto accidents, slip-and-falls, product liability, defamation, and more. Fay has experience analyzing virtually all types of liability policies, including CGL, Excess and Umbrella, OCIP, Commercial Auto, Personal Lines, E & O, Environmental, and Reinsurance. In addition to providing coverage advice, Fay advises clients on good faith claims handling, including settlement in multi-claimant situations. Fay has tried over fifty jury trials and approximately thirty non-jury trials.
Fay graduated cum laude from Boston College with a Bachelor of Arts degree. She received her Doctor of Jurisprudence, cum laude, from the University of Florida College of Law. During law school, Fay earned the American Jurisprudence Award in Contracts, Estates and Trusts, English Legal History, and Legal Drafting. She is also a member of the Order of the Coif, an honor society for law school graduates who were in the top ten percent of their graduating class.
Since becoming a lawyer, Fay has contributed to the DRI’s multi-state compendium (Florida chapter). She has also been published in Mealey’s Litigation Report: Bad Faith, and DRI’s: For The Defense magazine.
For more information regarding these cases, please contact Fay Ryan.
Representative Cases Litigated to Conclusion:
FCCI v. Lockbusters: Total Pollution Exclusion on GL policy bars coverage for wrongful death claims of vehicle occupants exposed to hydrogen sulfide from leaking battery.
Endurance v. UCE: Injured construction worker’s status as Statutory Employee for Workers Compensation trumps factual status as Independent Contractor or Temporary Employee; Exclusions for Employer’s Liability & Workers Compensation bar coverage; Summary Judgment granted.
Steadfast v. Celebration Source: Inapplicability of §627. 419 to surplus lines does not prevent consideration of application when interpreting policy, where application is part of policy at common law; Summary Judgment granted for insurer where equipment involved in accident not listed on schedule completed contemporaneously with application.
PCIC v. A & M Fox Roofing: Enforceability challenge to “ongoing operations” limitation endorsement; Summary Judgment granted due to water intrusion during roofing job where roof was not properly protected overnight.
Lloyds V. Scottsdale and Sands Harbor: Denial of Concurrent Co-Insurer’s Summary Judgment motion seeking declaration that it was excess; Concurrent Co-Insurers with identical Other Insurance provisions are co-primary for duty-to-defend bodily injury claim.
American Economy Ins. Co. v. Traylor Wolfe Architects, Inc., et al: Summary judgment for insurer under Business Auto policy; court agrees with insurer that business owner was engaged in personal use at time of accident.
The Ohio Casualty Insurance Company v. Garden Of Eat’n Of Tampa, Inc., et al : Summary judgment under Employer’s Liability exclusion to CGL policy; court finds that accident still arises out of employment where employee trips in parking lot on way to car at end of shift.
MCC v. Clean Seas Company, Inc., et al: Court prevents retailer from aggregating multiple customers’ claims into one “Superclaim” against distributer/policyholder in an attempt to avoid the “per claim” deductible; court also finds that economic losses resulting from damage to insured’s product, are not “Property Damage” under CGL policy.
Congratulations to Tampa Partner Fay Ryan whose article "Claimants Can't Have Their Cake and Eat It Too" was recently published in the CLM Magazine. Discover how the Eleventh Circuit's recent ruling in Compulife v. Zurich reshapes the use of judicial estoppel in insurance recovery for intentional tort claims. Read the full article on the CLM website by clicking here....
Come meet some of our esteemed attorneys at the FDLA Florida Insurance Network Symposium (FINS) on August 15-16, 2024 at the Renaissance Tampa International Plaza Hotel. This conference will focus on coverage, bad faith, and property insurance featuring high-level presentations by leading insurance attorneys and experts. Click here to visit their website....
Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy In a rarely seen application of the judicial estoppel doctrine in the third-party coverage context, on August 1, 2024, the Eleventh Circuit Court of Appeals estopped the holder of an intentional tort judgment from garnishing the proceeds of the judgment debtor’s liabi...
Partner Fay Ryan and co-presenters Thomas A. Koval (FCCI Insurance Company), Richard Meyerson (S-E-A, Ltd.), Michael E. Milne (Milne Law Group) and Jorge Santeiro (FCCI Insurance Group) presented "558 - Kiss, Marry, or Kill?" for the first annual Florida Insurance Network Symposium (FINS) in Tampa, FL on August 16, 2019. This panel discussed the efficacy of the pre-suit "Notice and Opportunity ...
"LEADERSHIP IS ABOUT MAKING OTHERS BETTER AS A RESULT OF YOUR PRESENCE AND MAKING SURE THAT IMPACT LASTS IN YOUR ABSENCE." -SHERYL SANBERG (COO OF FACEBOOK) ...
Fay Ryan and Yonit Rosengarten from Butler Weihmuller Katz Craig presented in Sarasota, FL at the FCCI Fall Claims Educational Seminar on the topic of "Third-Party Liability Coverage in Florida". In this presentation, we explored common themes and misperceptions that arise in the practice of Third-Party Coverage in Florida through the discussion of case law and real-world analysis. Topics include...
Section 627.419 of the Florida Statutes provides that “[e]very insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor or any rider or endorsement thereto.” This statute has not applied to surplus lines insurers since the “Zota-fix” legislation of 2009, which g...
This presentation provides an overview of reservation of rights letters. We discuss the purpose, components, timeliness, practical drafting tips, consequences of failing to issue a reservation of rights letter, suggestions for responding to an insured, and an insurer's ongoing obligations when operating under a reservation of rights. Click here to register. After registering, you will receive ...
One of the most common questions I get from insurers of out-of-state policyholders is whether they are required to honor a Florida claimant’s request for disclosure of insurance information under Florida Statute 627.4137. If the applicable policy was not delivered in Florida or issued for delivery in Florida, the short answer is “No.” Nonetheless, sometimes an insurer can best protect both i...
This article examines the third party beneficiary doctrine in conjunction with the approaches courts follow with regard to the collection of an excess judgment from a liability insurer. Click the link on the right to download pdf Article Link>>...
Fay Ryan and Kimberly Gorak spoke at RIMKUS' 2014 CE Seminar on June 26, 2014. The presentation was titled, "Protecting the Insured from Exposure in the Multiple Claimant Context."...
Fay Ryan spoke at the 2013 CLM Northern Florida Chapter Educational Event on November 6, 2013. Fay's topic was "Premises Liability."...
This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 24, #15 (December 9, 2010). © 2010 [Editor's Note: Fay E. Ryan is a partner the Tampa office of Butler Weihmuller Katz Craig LLP, which also has offices in Chicago, Charlotte, Mobile, Tallahassee and Miami. She is an experienced trial attorney in the firm's Extra-Contractual, T...
This is one of a series of articles originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 23, #18 (January 28, 2010). © 2010 [Editor's Note: Fay E. Ryan, is a partner with the law firm of Butler Weihmuller Katz Craig LLP with offices in Charlotte, Miami, Mobile, Tallahassee and Tampa. She is an experienced trial attorney in the firm's Extra-Contractual, Third-Party C...
This is one of a series of articles under the by line “Butler on Bad Faith” originally published in Mealey's Litigation Report: Insurance Bad Faith, Vol. 15, #12, p. 24 (October 17, 2001). © Copyright Butler 2001. Two recent state court decisions jeopardize the right of insurers to consult legal counsel when considering whether to pay or deny the claim of a policyholder. The Arizona and Ohio...