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Attorney Profile

Russell S. Buhite

Shareholder
201 E. Kennedy Boulevard
Suite 1100
Tampa, FL 33602
(813) 898-1827
(813) 221-5026 - Fax
rsbuhite@mdwcg.com

With more than 20 years of experience, Russell Buhite focuses his practice on life, health and disability insurance coverage litigation, as well as myriad ERISA matters. Russell also focuses a large part of his practice on professional liability defense of agents, brokers, attorneys, appraisers, engineers and other professionals in alleged errors and omissions claims, in both the state and federal courts.
 
A former chair of the Health & Disability Insurance Committee of the Tort, Trial and Insurance Practice Section of the American Bar Association, in 2010, Russell was named to the Health Care Reform Task Force. In addition to Russell’s admission to the bar in Florida, he is also admitted to practice in Missouri, as well as the U.S. Court of Appeals, Tenth and Eleventh Circuits and all federal district courts in the state of Florida.
 
Russell is recognized as AV Preeminent® peer review rated by Martindale-Hubbell and has been named to the 2011 edition of The Best Lawyers in America® 

Significant Representative Matters

  • Lawrence v. Pioneer Plastics, Middle District of Fla. ERISA matter. Bench trial verdict for defense.

  • Weiss v. Western-Southern Life Ins. Co., Mid-FL., summary judgment for the defense in ERISA disability case.

  • McDaniel v. AIG Life Ins. Co., Hillsborough County Circuit Court. Jury verdict for defense in occupational accident disability case.

  • Lee v. Labiner, Broward Co., FL Cir. Ct., representation of attorney in defense of alleged malpractice.

  • Hamilton Risk Mgmt. v. John M. Kennedy et al, S.D. FL, represented insurance broker regarding claims of misrepresentation in sale of health coverage.

  • Joblove v. Miller, Lowell, representation of registered reps in FINRA arbitration.

  • Sherwood v. RBC, representation of company regarding ERISA and common law claims in FINRA arbitration.

  • Roer v. John Hancock, S.D. FL., summary judgment for defendant in life insurance case

Areas of Practice

Published Works

  • "ERISA Survey of Federal Circuits," ABA, Tort Trial and Insurance Practice Section, Health and Disability Insurance Law Committee, 2005, 2007, 2010 Ed.

  • "Watts v. Bell South Telecommunications, The 11th Circuit Breaks From the Pack on Exhaustion of Administrative Remedies," Spring, 2003, ABA TIPS Newsletter

  • "The Facts of the Matter - Standard of Review of ERISA Plan Administrator's Factual Determinations," Life and Health News, Defense Research Institute, Summer, 1996

  • "Insurance Policy Application Misrepresentations and their Consequences Under Florida Law," 15 Trial Advocate Quarterly, No. 2, April, 1996

  • "Appraising the Appraisal Process," 14 Trial Advocate Quarterly, No. 2, April, 1995

  • "Recent Development, Random Urinalysis and the Fourth Amendment, Can They Co-exist?," 33 J.Urb. & Contemp. L. 801, 1988

  • "11th Circuit Chapter of ERISA Survey of Federal Circuits," Co-Author, ABA Publishing, 2012 Edition
     

Classes/Seminars Taught

  • "What Insurance Lawyers Need To Know About New Long Term Insurance Products," ExecSense Webinar, May 2011

  • "What Insurance Lawyers Need To Know About The Impact Of State Of Florida v. U.S. Department Of Health & Human Services (N.D. FL. Jan. 31, 2011) On The Survival Of The Patient Protection And Affordable Care Act," ExecSense Webinar, March 2011

  • "Directors and Officers Liability Insurance," Fowler White Boggs Banker Business Department Seminar

  • "Insurance Coverage Law in Florida," National Business Institute, 1994 - 1997

Education

  • Washington University School of Law, St. Louis, Missouri, 1987 J.D.

    Honors: Top 20%
    Law Journal: Journal of Urban and Contemporary Law, Associate Editor 

  • Rice University, Houston, Texas, 1984 B.A.

    Honors: cum laude
    Major: History & French Language 

Past Employment Positions

  • Fowler White Boggs, 1991 - 2011

  • Andrews, Davis et al, Oklahoma City, OK, 1987 - 1989

  • Law Clerk, U.S. Magistrate Judge Elizabeth Jenkins, Middle District of Florida, Tampa Div., 1989 -

Areas of Practice

Education

  • Washington University School of Law, St. Louis, Missouri (J.D., 1987)
  • Rice University, Houston, Texas (B.A., cum laude, 1984)

Bar Admissions

  • Missouri, 1988
  • Florida, 1989
  • U.S District Court Middle District of Florida
  • U.S District Court Northern District of Florida
  • U.S District Court Southern District of Florida

Associations & Memberships

  • American Bar Association, 1987 - Present
  • Defense Research Institute, Life, Health and Disability Insurance Committee, 1992 - Present
  • Florida Defense Lawyer's Association, 1992 - Present
  • Hillsborough County Bar Association, 1991 - Present

Honors & Awards

Year Joined Organization: 2011


Languages

  • French

Fraternities/Sororities

  • Phi Delta Phi
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