The Firm’s liability practice group covers all insurance related litigation, with the core of our practice concentrating on the defense of insurance carriers and their insureds, including specializations in Coverage, General Liability, Directors and Officers Liability, Employment Practices Liability, Errors and Omissions, Auto and Property. We work closely with the insurance adjusters and third party administrators and provide a focused commitment to cost effective results, timely reporting, and building relationships with insureds that extends beyond the lawsuit at hand.
Coverage
The Liability Group has frequently been called upon to provide coverage opinions as to the interpretation of insurance policies, and frequently represents insurers in all types of coverage disputes. The Firm has litigated declaratory judgment claims in all types of litigation, including construction, commercial vehicles and premises liability claims.
Errors and Omissions & Director and Officer Liability
The Liability Group also provides extensive experience in the defense of professionals. Our clients in this practice area include realtors, title agents, home inspectors, land surveyors, contractors, interior design firms, attorneys, accountants and health practitioners. Claims against these professionals include fraud, conspiracy, malpractice, violations of Florida’s Deceptive and Unfair Trade Practices Act, and general negligence claims. Recognizing that liability exposure usually extends to management, our liability group also focuses its practice on the defense of directors and officers in matters arising from alleged violations of fiduciary duties.
First Party Practice & Bad Faith
The Firm handles all aspects of first party litigation, including mold, material misrepresentation, fraud, surety bond and theft claims. We also represent carriers in first and third party common law and statutory bad faith claims. Attorneys in the Liability Group are also cognizant of the bad faith implications associated with coverage decisions, responding to civil remedy notices and settlement demands, and routinely consult with insurers on avoidance strategies.
Insurer Insolvency
The Firm’s Creditor’s Rights, Bankruptcy and Insolvency practice group extends its practice to insurer insolvencies and has worked closely with the Florida Department of Financial Services, as Receiver, pursuant to Chapter 631, Florida Statutes. Our attorneys have a wide range of experience in enforcing the rights of creditors in commercial settings, including receiverships, bankruptcy and other insolvency proceedings. Whether in a receivership or bankruptcy proceeding, we manage claims processing and litigation through all phases of restructuring, reorganization or liquidation, including the filing of claims, and the vigilant protection of their classification, valuation and treatment, whether secured or unsecured. We aim to secure the best possible return for our clients. We prosecute and defend claims objections, contested matters and adversary proceedings in bankruptcy court, particularly where bases exist to preclude a client’s claim from being discharged. This often entails the discovery and litigation of fraud related activities and the uncovering of fraudulently transferred assets.
In our representation of the Department of Financial Services, as Receiver, our goal is to provide valuable assistance to the Department to reach its goal of taking possession and administering assets for its benefit and the benefit of creditors. Our attorneys evaluate and prosecute actions to recover funds due to fraud, mismanagement and diversion of assets by former officers, directors or employees. In the investigation and uncovering of such schemes, we further assert defenses and implement strategies available to the Receiver or insolvent insurer in an effort to maximize recovery for the estate and its creditors.
Premises Liability
The Firm also extends its liability practice to protecting property owners and lessees in premises liability claims, including personal injuries, slip/trip and falls, wrongful death, injuries caused by code violations, negligent security events, drownings, assaults and batteries, injuries caused by toxic or dangerous substances, and a variety of other premises liability claims. The Chair of the Liability Practice Group has also represented the hospitality division of one of the largest private equity firms in the country as well as numerous restaurants in most of their premises liability claims, which included numerous slip/trip and falls resulting in serious permanent injuries, ant bites resulting in near death, assaults resulting in jewel collection losses, and head trauma resulting in grand mal seizures.
Products Liability
The Firm’s liability group also handles claims involving products liability, including product design, distribution, marketing, labeling, advertising, and consumer usage. We have consulted with or represented manufacturers, distributors, and retailers at the local, state and national levels.
