Mauk, Kathy J.

Kathy Billings Massing is a member of the Professional Liability Department where she focuses her practice on coverage litigation, with a particular emphasis on ERISA benefit claims and insurance disputes. Kathy’s ERISA practice defends clients in all types of ERISA benefit determinations including claims for disability, accidental death, life insurance and health care benefits. Her experience also allows her to assist clients with litigation of disputes regarding breach of fiduciary duty claims under ERISA plans, including claims that challenge the adequacy of disclosures about revenue sharing arrangements between 401(k) service providers and mutual fund companies, as well as the prudence of company stock as an investment option for 401(k) plans.

Kathy’s practice includes pre-litigation analysis of coverage issues for her clients, as well as the litigation of insurance disputes and claims asserted against insurance carriers, through appeal. As well, Kathy also handles matters in the defense of agents and brokers regarding sales practices; suitability of annuities, insurance products and life products; and other errors and omissions litigation. Her insurance litigation experience also includes successfully litigating both state and federal interpleader actions on the behalf of her insurance carrier clients, and she has developed   extensive litigation and trial experience in both state and federal courts.

In addition to her law practice, since May of 2009, Kathy has served as an attorney ad litem, for the Juvenile Court, in Hillsborough County, Florida. Since 2006, Kathy has also been an active member of the advisory board for the Tampa Bay chapter of the Ophelia Project and Boys Initiative. The Ophelia Project and Boys Initiative of Tampa Bay, is committed to creating a best practices model for communities who want to be on the forefront of meeting the specific social-emotional needs of girls and boys, in an integrated and innovative fashion. Kathy was also a member of the Tampa Bay Inn of Court, from 2005 to 2008.

Significant Representative Matters

• Defense of an occupational accident claim for permanent disability benefits, resulting in a complete jury verdict for the insurance carrier client.
  
  
• Defense of a claim alleging breach of contract, breach of fiduciary duty, conversion, unjust enrichment and violation of unfair trade practices act, resulting in an award of summary judgment for the insurance carrier client.
  
  
• Defense of a claim for declaratory relief and promissory estoppel resulting in an award of summary judgment for the insurance carrier client.
  
  
• Defense of counter-claims for negligence, breach of fiduciary duty, and breach of contract, asserted against our insurance carrier client after initiating an interpleader action for determination of the rightful beneficiary of a life insurance policy. The court granted summary judgment for the client, as well as the attorney’s fees accrued in bringing the interpleader action.
  
  
• Successful litigation of multiple interpleader actions for the determination of the rightful beneficiaries of insurance policies, resulting in the final discharge of the insurance carrier client, as well as awards of attorney’s fees and costs.
  
  
• Successful litigation and settlement of a claim for contractual indemnification filed on the behalf of our insurance carrier client against its surplus lines agent, for failure to abide by contractual guidelines regarding the placement of group medical malpractice insurance. The litigation resulted in a substantial monetary settlement of the claim for the client