Matthew Lavisky
Partner | Tampa
Matthew J. Lavisky is a Partner in the Tampa office. He focuses the majority of his practice on the defense of bad faith and other extra-contractual matters, first-party property claims, class actions and insurance coverage disputes. Matt represents insurers in state and federal trial and appellate courts throughout Florida and in other states.
Matt successfully defended, through summary judgment and appeal, a third-party bad faith claim seeking to recover a judgment of over $500,000,000 entered against the insured. He also successfully defended a first-party bad faith claim resulting in summary judgment in favor of his client and a judgment of over $150,000 in favor of the insurer. Matt also has successfully defended class actions under the Medicare Secondary Payer Act.
Matt is a leader of the defense bar. He served as the President for the Florida Defense Lawyers Association in 2023-2024 and was honored with the President’s Award in 2019 and the James A. Dixon Young Lawyer of the Year Award in 2013. Matt was the chair of the first annual Florida Insurance Network Symposium sponsored by FDLA. He also served for six years as chair of the editorial board for the Trial Advocate, FDLA’s legal journal. Matt has presented at FDLA conferences and webinars.
Matt also is a leader in DRI. He currently serves on the Board of Directors as the Southeast Region Director. In 2019, Matt received the G. Duffield Smith Outstanding Publication Award. Matt has published in For the Defense and presented at the Insurance Coverage Practice Symposium, Insurance Roundtable and Annual Meeting. He was the Vice-Chair of DRI’s 2023 Insurance Coverage and Claims Institute and will Chair the 2024 conference.
Matt is an AV peer-rated attorney by Martindale-Hubbell and recognized in Best Lawyers. He also is a graduate of the 2014 International Association of Defense Counsel Trial Academy held at Stanford University.
Admissions
- Florida
Recognitions
- AV Rated by Martindale-Hubbell
- DRI 2024 Exceptional Performance Citation
- Best Lawyers, 2022-2025
- Florida Defense Lawyers Association 2019 President’s Award
- DRI 2018 G. Duffield Smith Outstanding Publication Award
- Florida Defense Lawyers Association 2015 Trial Advocate Quarterly Award
- Florida Defense Lawyers Association 2013 James A. Dixon Young Lawyer of the Year Award
Education
- University of Central Florida
Bachelor of Science - Barry University School of Law
Doctor of Jurisprudence
Memberships
- Christian Legal Society (CLS)
- DRI
ICCI Program Chair, 2024
Board of Directors, Southeast Region Director, 2023 – Present
ICCI Program Vice-Chair, 2023
Bad Faith Substantive Law Group, Chair, 2021 – 2022
Vice Chair of the DRI for Life Committee
- Federalist Society
Barry University Chapter President, 2006 – 2007
- Florida Defense Lawyers Association (FDLA)
President, 2023 – 2024
President-Elect, 2022 – 2023
Secretary-Treasurer, 2021 – 2022
Board of Directors, 2018 – 2021
- Hillsborough County Bar Association (HCBA)
Courts
- United States District Court – Middle District of Florida
- United States District Court – Southern District of Florida
- United States District Court – Northern District of Florida
- United States District Court – Eastern District of Michigan
- United States Court of Appeals, Eleventh Circuit
- United States Court of Appeals, Fourth Circuit
- Florida State Courts
Experiences
LM Gen. Ins. Co. v. Blackwell, 8:22-CV-1750-CPT, 2024 WL 1283694 (M.D. Fla. Mar. 26, 2024) – order denying motion for attorney’s fees in declaratory judgment action dismissed for lack of jurisdiction.
Berntheizel v. Safeco Ins. Co. of Illinois, 21-CV-14482, 2024 WL 879316 (S.D. Fla. Feb. 9, 2024) – order granting summary judgment that insured must return to UM insurer amount advanced by UM insurer and recovered from tortfeasor’s insurer.
Dailey v. State Farm Ins. Co., 2024 WL 637023 (Fla. 20th J. Cir. Ct. February 9, 2024) – order dismissing with prejudice lawsuit for bad faith arising out of a property insurance claim.
MSPA Claims 1, LLC v. Liberty Mut. Fire Ins. Co., 17-22539-CV, 2023 WL 8679672 (S.D. Fla. Dec. 7, 2023) – order granting summary judgment in class action under the MSP Act.
MSPA Claims 1, LLC v. Liberty Mut. Fire Ins. Co., 17-22539-CV, 2023 WL 7383260 (S.D. Fla. Nov. 7, 2023) – report and recommendation that motion for class certification be denied in case brought under the MSP Act.
Carapella v. State Farm Florida Ins. Co., 2022 WL 2197045 (Fla. 13th J. Cir. 2022), aff’d, 372 So. 3d 324 (Fla. 2d DCA 2023) – order granting summary judgment in third-party bad faith case, affirmed on appeal.
Travelers Prop. Cas. Co. of Am. v. H.E. Sutton Forwarding Co., LLC, — F. Supp. 3d —, 2023 WL 5486746 (M.D. Fla. 2023) – order granting summary judgment in third-party coverage dispute based on aircraft exclusion.
Vachon v. The Travelers Home and Marine Ins. Co., 2023 WL 8468555 (Fla. 13th J. Cir. 2023) – order granting summary judgment in first-party bad faith case based on invalidity of Civil Remedy Notice.
Cassella v. Travelers Home and Marine Ins. Co., 352 So. 3d 1290 (Fla. 2d DCA 2023) – opinion affirming order dismissing underinsured motorist bad faith lawsuit based on invalidity of Civil Remedy Notice.
Berntheizel v. Safeco Ins. Co. of Illinois, 343 F.R.D. 657 (S.D. Fla. 2023) – order dismissing co-defendants based on fraudulent joinder and retaining federal jurisdiction.
Brister v. State Farm Florida Ins. Co., 2023 WL 5016671 (Fla. 5th J. Cir. 2023) – order dismissing lawsuit for bad faith with prejudice based on invalidity of Civil Remedy Notice.
Kerr v. State Farm Florida Ins. Co., 2023 WL 3665178 (Fla. 5th J. Cir 2023) – order dismissing lawsuit for bad faith with prejudice based on invalidity of Civil Remedy Notice.
Dririte USA, Inc. v. Ohio Casualty Ins. Co., 2023 WL 344210 (Fla. 9th J. Cir. 2023) – summary judgment in Builders’ Risk property insurance lawsuit based on vacant building coverage limitation.
Sallies v. The First Liberty Ins. Corp., 2022 WL 17098618 (Fla. 19th J. Cir. 2022) – order granting summary judgment in first-party bad faith case based on choice of law issue.
Tappert v. Florida Family Ins. Co., 2022 WL 17851884 (Fla. 17th J. Cir. 2022) – order dismissing lawsuit for bad faith with prejudice based on invalidity of Civil Remedy Notice.
Penegar v. Liberty Mutual Ins. Co., 2022 WL 3359167 (W.D.N.C. 2022) – order dismissing putative nationwide class action under the Medicare Secondary Payer Act for lack of standing.
Milazzo v. The First Liberty Ins. Corp., 2022 WL 2159371 (M.D. Fla. 2022) – order granting motion to dismiss, with prejudice, eleven count complaint alleging various extra-contractual theories.
Hart v. Travelers Property Casualty Company of America, 610 F. Supp. 3d 785 (E.D.N.C. 2022) – order denying motion to remand based on fraudulent joinder and granting motion to realign parties.
Pines West Chiropractic, Inc. v. Liberty Mutual Ins. Co., 2022 WL 324093 (Fla. 17th J. Cir. 2022) – order striking class allegations from lawsuit for Personal Injury Protection benefits.
Zamora v. State Farm Florida Ins. Co., 2021 WL 4973614 (Fla. 18th J. Cir. 2021) – summary judgment in property insurance bad faith case where no reasonable jury could conclude the insurer acted in bad faith.
Boone v. State Farm Florida Ins. Co., 2021 WL 5106081 (Fla. 9th J. Cir. 2021), aff’d, 363 So. 3 1172 – summary judgment in property bad faith case based on invalidity of Civil Remedy Notice.
Sprinkler Repair Inc. v. Ohio Sec. Ins. Co., 2021 WL 4487902 (M.D. Fla. 2021) – summary judgment in automobile insurance coverage case rejecting coverage by estoppel argument.
Terrell v. Liberty Mutual Fire. Ins. Co., 2021 WL 5106080 (Fla. Orange County 2021) – summary judgment in lawsuit regarding property insurance coverage.
Demase v. State Farm Florida Ins. Co., 2021 WL 3617403 (Fla. 5th J. Cir. 2021), aff’d, 351 So. 3d 136 – summary judgment in property bad faith case based on invalidity of Civil Remedy Notice.
Stann v. First Liberty Ins. Corp., 845 Fed. Appx. 843 (11th Cir. 2021) – opinion affirming denial of motion for attorney fees finding post-suit payments were not confessions of judgment.
Travelers Indem. Co. v. Garcia, 497 F. Supp. 3d 1218 (M.D. Fla. 2020) – summary judgment regarding number of accidents in claim for underinsured motorist coverage.
LM Ins. Corp. v. Occidental Fire & Cas. Co. of N. Carolina, 2020 WL 3578522 (M.D. Fla. 2020) – summary judgment in dispute regarding order of uninsured motorist coverage.
Forthuber v. First Liberty Ins. Corp., 2018 WL 4635639 (M.D. Fla. 2018) – order dismissing, with prejudice, lawsuit for first-party bad faith arising out of a property insurance claim.
Aviation One of Florida, Inc. v. Airborne Ins. Consultants (PTY), Ltd, 722 Fed. Appx. 870 (11th Cir. 2018) – opinion affirming order of dismissal under the doctrine of forum non conveniens based on forum-election clause.
Welford v. Liberty Mut. Ins. Co., 713 Fed. Appx. 969 (11th Cir. 2017) – summary judgment in third-party bad faith case affirmed on appeal.
Liberty Mut. Fire Ins. Co. v. Wal-Mart Stores E., LP, 269 F. Supp. 3d 1254 (M.D. Fla. 2017) – partial summary judgment in subrogation action finding tenant of insured breached duty to indemnify insured.
MSPA Claims 1, LLC v. First Acceptance Ins. Co., 2016 WL 4523850 (S.D. Fla. 2016) – order dismissing class action complaint for lack of standing.
Kropilak v. 21st Century Ins. Co., 806 F.3d 1062 (11th Cir. 2015) – jury verdict in favor of insurer in third-party bad faith case, affirmed on appeal, holding insurer has no duty to enter into a Cunningham agreement and no duty to its insured to enter into a consent judgment in excess of the limits of its policy.
Helt v. Liberty Ins. Corp., 153 F.Supp.3d 1388 (M.D. Fla. 2015) – order dismissing, with prejudice, count for third-party bad faith.
Altrui v. State Farm Fla. Ins. Co., 2014 WL 11394450 (Fla. 6th J. Cir. 2014), aff’d, 192 So. 3d 477 (Fla. 2d DCA 2016) – order dismissing, with prejudice, lawsuit for first-party bad faith in sinkhole claim after evidentiary hearing.
Wild Enters., Inc. v. Assur. Co. of Am., 2011 WL 3802246 (Fla. 4th J. Cir. 2011) – order granting summary judgment in first-party bad faith action because insured had not satisfied condition precedent to suit.
Media
Matt Lavisky and Mihaela Cabulea Featured in Insurance Law Article
Tampa Partners Matt Lavisky and Mihaela Cabulea were recently featured in this Insurance Journal article detailing a recent ruling by the 4th U.S. Circuit Court of Appeals regarding Medicare reimbursement lawsuits. This ruling has set limits on the scope of Medicare reimbursement lawsuits against insurers, which have become a significant legal issue in recent years. The case involved a ...
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 ...
Butler Attorneys at the 2024 FDLA FINS
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....
Bad Faith: Follow the Money
Join Tampa Partner Matt Lavisky and co-presenter Johanna W. Clark (Carlton Fields) for the 2024 FDLA Florida Insurance Network Symposium from August 15-16, 2024 in Tampa, FL! There, they will discuss recent reforms to property bad faith law and trends following these reforms, including incentives for plaintiffs to pursue these lawsuits, recent case law, and strategies for defense. Visit the FDLA ...
Partner Matthew Lavisky – Chair for 2024 DRI ICCI
Join Partner Matthew Lavisky at the DRI Insurance Coverage and Claims Institute, March 13-15, 2024, in Chicago, IL. Stay informed about industry trends, get litigation guidance, and network with top professionals in insurance coverage law. Click here to learn more about the event....
