Plaintiff’s post-trial motion for additur defeated.
July 29, 2015
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9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156
T: 305.374.1212 F: 305.374.7846
view location | map locationMiami-Dade
402 Applerouth Lane, Suite 2C
Key West, FL 33040
T: 305.509.7300 F: 305.374.7846
view location | map location110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301
T: 954.768.0011 F: 954.768.0514
view location | map location1700 Palm Beach Lakes Blvd., Suite 800
West Palm Beach, FL 33401
T: 561.640.0303 F: 561.640.0524
view location | map locationIndian River | Martin | Okeechobee | Palm Beach | Saint Lucie
400 North Ashley Drive, Suite 1200
Tampa, FL 33602
T: 813.204.9776 F: 813.204.9660
view location | map location201 South Orange Avenue, Suite 475
Orlando, FL 32801
T: 407.245.3630 F: 407.245.7685
view location | map location1396 NE 20th Avenue, #500
Ocala, FL 34470
T: 352.622.4222 F: 352.622.9122
view location | map location1 Independent Drive, Suite 1601
Jacksonville, FL 32202
T: 904.396.0062 F: 904.396.0380
view location | map location125 West Romana Street, Suite 550
Pensacola, FL 32502
T: 850.434.0003 F: 850.434.0223
view location | map locationEscambia | Holmes | Okaloosa | Santa Rosa | Walton
1705 Metropolitan Boulevard, Suite 202
Tallahassee, FL 32308
T: 850.222.5188 F: 850.222.5108
view location | map locationBay | Calhoun | Franklin | Gadsden | Gulf | Jackson | Jefferson | Leon | Liberty | Wakulla | Washington | Madison | Lafayette | Taylor
13350 Metro Parkway, Suite 201
Fort Myers, FL 33966
T: 239.334.8403 F: 239.939.0700
view location | map locationCharlotte | Collier | DeSoto | Glades | Hardee | Hendry | Lee
11 North Water Street, Suite 10290
Mobile, AL 36602
T: 251.308.3351 F: 251.287.1624
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In 1963, Gene Kubicki founded the firm based on dedication to excellence. The same high standards have been maintained for over five decades -- years which have seen the firm’s ranks swell to over 200 attorneys.
Our team knows return clients are the life blood of any law firm and this is why we ensure client satisfaction by an exacting attention to service and quality. Client service coupled with a spectacular work ethic, makes our team hard to beat.
Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes diversity is not only a moral imperative, but is also sound business practice.
In response to the growing needs of its clients, the firm began expanding in the early 1980's and today is a diverse full-service law firm providing trial, appellate, coverage, commercial and real estate transaction services.
Kubicki Draper enjoys a national reputation for expertise in the handling of complex, high stakes litigation matters, as well as, appellate, general commercial and real estate practice.
With a dozen offices throughout the State of Florida and other key points in the southern parts of Georgia, Alabama, and Mississipi, our firm is familiar to every venue statewide and will never get home-teamed.
For questions about our services and/or to assign a new matter, please contact Brad McCormick.
August 20, 2024
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August 2, 2024
July 31, 2024
July 29, 2024
In Univ. Prop. & Cas. Ins. Co. v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA July 24, 2024), the Fourth District reversed a final judgment awarding damages based on an insurer’s failure to pay for water leak damage, holding that the insureds were erroneously permitted to present evidence of estimated repair costs when the repairs had not been made. The Court held that the plain language of the policy and section 627.7011(3)(a), Fla. Stat., requires payment for repairs “as work is performed and expenses are incurred.” The Court also declined to apply the doctrine of prevention of performance, which it described as “the circular argument that [an insurer’s] failure to tender payment for the estimated damages prevented the insureds from performing the repair work.” Instead, it certified conflict with the Third District’s decision in Citizens Prop. Ins. Co. v. Tio, 304 So. 3d 1278 (Fla. 3d DCA 2020), on which Judge Warner relied in a dissenting opinion. Thus, in the Fourth District, it appears that insureds cannot seek damages for estimated property repair costs unless the repairs were actually made or costs incurred. However, in the Third District, such damages may be available. We recommend objecting to an insured’s request for estimated repair costs damages in all districts when those damages have not been made or costs incurred. View the opinion here.
July 24, 2024
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June 27, 2024
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August 27, 2024
CE opportunities continue online! We invite clients and other insurance professionals to join us for our upcoming complimentary webinars.
For more information, e-mail us at info@kubickidraper.com.
August 22, 2024
July 16, 2024
June 26, 2024
April 10, 2024
Florida 4-Hour Law and Ethics Update
May 9, 2024 | 10:00 a.m. EST
Are you an All-Lines Florida licensed adjuster who needs to fulfill Florida's 4-Hour Law & Ethics (5-620) requirement? The complimentary webinar meets Florida Department of Insurance's 5-620 CE requirement and will cover:
This webinar is approved only for the 5-620 FL Adjuster All Lines License and/or the 2-20 FL General Lines License
For registration information, contact info@kubickidraper.com.
March 19, 2024
February 14, 2024
January 23, 2024
February 22, 2024 | 10:00 a.m.
Florida 4-Hour Law and Ethics Update
Presenters: Michael Carney | Jason Friedman | Hillary Lovelady | Charles Watkins
This webinar is approved only for the 5-620 FL Adjuster All Lines License and/or the 2-20 FL General Lines License
February 27, 2024 | 12:00 - 1:00 p.m.
Don't Delay, Appeal Today! Non-Final Orders Subject to Immediate Appeal Under Florida Rule of Appellate Procedure 9.130
Presenters: Michael Clarke | Joye Walford
This class will provide claims professionals and attorneys with a substantive review of the designated non-final orders of Florida’s trial courts which are subject to immediate appeal under Florida Rule of Appellate Procedure 9.130. The course identifies issues and provides critical information on the time frame to institute an appeal, jurisdiction, required findings and rulings within the order(s), and standards of appellate review that are applied by the appellate court. Finally, the course provides specific examples of Florida appellate opinions interpreting and applying Rule 9.130 to frequently occurring fact patterns in civil litigation.
For registration information, email info@kubickidraper.com.
December 22, 2023
Human Nature - The Benefit of the Human Factors Expert
January 16, 2024 | 1:00 p.m. EST
In this presentation, our team will delve into the practical side of how human factors experts play a crucial role in addressing negligence claims. They’ll walk you through the decision-making process, help you understand when a human factors expert is beneficial, and explore how they navigate claims for the best results. The team will also touch on the current legal context and Daubert considerations. Join us for a great discussion about the world of human factors expertise!
November 13, 2023
October 4, 2023
Florida 4-Hour Law and Ethics Update
November 8, 2023 | 10:00 a.m. EST
Are you an All-Lines Florida licensed adjuster who needs to fulfill Florida's 4-Hour Law & Ethics (5-620) requirement? The complimentary webinar meets Florida Department of Insurance's 5-620 CE requirement and will cover:
This webinar is approved only for those who hold the 5-620 Adjuster All Lines License and/or the 2-20 General Lines License.
For registration information, email info@kubickidraper.com.
October 4, 2023
KD Construction Conference | November 3, 2023
KD's Construction Practice Group is excited to invite you to a groundbreaking event that will revolutionize your approach to construction claims!
Whether you're a seasoned professional looking to refine your skills or someone new to the construction claims arena, our virtual construction conference promises to be a day filled with valuable insights and practical knowledge to boost your expertise in the field by reviewing the latest industry trends, innovations, and strategies.
Register today to secure your spot for one, some, or all of our upcoming construction presentations on November 3!
To register, email us at info@kubickidraper.com.
September 26, 2023
October 26, 2023 | 12:00 - 1:00 p.m. EST
OSHA: Investigation, Application and Detection of Fraud in First Party Property Estimates and Admissibility at Trial
Presenters: Sarah Goldberg and Barbara Fox
This class will discuss common OSHA requirements, how they are included in first party property estimates and how to identify and handle fraud in estimates based on OSHA requirements.
All courses are complimentary for insurance professionals and are approved by the Florida Department of Financial Services for continuing education credit.
For registration information, email us at info@kubickidraper.com.
August 16, 2023
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October 24, 2023
IN THIS KDQ ISSUE:
June 30, 2023
September 16, 2022
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July 24, 2024
In Florida Insurance Guarantee Association v. Feijoo, 49 Fla. L. Weekly D801 (Fla. 3d DCA 2024), Caryn Bellus and Barbara Fox obtained a reversal of a summary judgment. Plaintiff amended the complaint to name FIGA after Windhaven Insurance Company was declared insolvent. After FIGA tendered full payment, Plaintiff sought summary judgment under its declaratory judgment claim for improper policy cancellation, but asserted, outside the pleading, that it was entitled to a declaration regarding the policy’s validity and effectiveness on the date of loss. The appellate court found the two claims to be substantially different and held summary judgment was improperly entered on a claim that was never pled.
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September 16, 2022