View by Year: 2018
locations
![Miami]( /283196/assets/images/locations/Miami_02252019.png)
Miami Office
9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156
T: 305.374.1212 F: 305.374.7846
view location | map locationMiami-Dade
![Key West]( /283196/assets/images/locations/KeyWest_07262016.png)
Key West Office
402 Applerouth Lane, Suite 2C
Key West, FL 33040
T: 305.509.7300 F: 305.374.7846
view location | map location![Ft. Lauderdale]( /283196/assets/images/locations/FtLauderdale_01212021.jpg)
Ft. Lauderdale Office
110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301
T: 954.768.0011 F: 954.768.0514
view location | map location![West Palm Beach]( /283196/assets/images/locations/WestPalmBeach_08302021.jpg)
West Palm Beach Office
1700 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
![Tampa]( /283196/assets/images/locations/Tampa_07262016.jpg)
Tampa Office
400 North Ashley Drive, Suite 1200
Tampa, FL 33602
T: 813.204.9776 F: 813.204.9660
view location | map location![Orlando]( /283196/assets/images/locations/Orlando_02102018.jpg)
Orlando Office
201 South Orange Avenue, Suite 475
Orlando, FL 32801
T: 407.245.3630 F: 407.245.7685
view location | map location![Ocala]( /283196/assets/images/locations/Ocala_10262016.jpg)
Ocala Office
1396 NE 20th Avenue, #500
Ocala, FL 34470
T: 352.622.4222 F: 352.622.9122
view location | map location![Jacksonville]( /283196/assets/images/locations/Jacksonville_05022017.jpg)
Jacksonville Office
1 Independent Drive, Suite 1601
Jacksonville, FL 32202
T: 904.396.0062 F: 904.396.0380
view location | map location![Pensacola]( /283196/assets/images/locations/Pensacola_07262016.png)
Pensacola Office
125 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
![Tallahassee]( /283196/assets/images/locations/Tallahassee_10262016.jpg)
Tallahassee Office
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
![Ft. Myers]( /283196/assets/images/locations/FtMyers_11012016.jpg)
Ft. Myers Office
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
![Mobile]( /283196/assets/images/locations/Mobile_08012016.png)
Mobile Office
11 North Water Street, Suite 10290
Mobile, AL 36602
T: 251.308.3351 F: 251.287.1624
view location | map locationBaldwin | Washington | Clarke | Escambia | Covington | Geneva | Houston | Henry | Dale | Coffee | Barbour | Pike |Crenshaw | Butler | Monroe | Clarke | Choctaw | Wilcox | Bullock | Russell
hover over location name to preview, or click it for full details
Our Firm
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our hi(story)
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.
ourattorneys
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.
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ourDIVERSITY
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.
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ourPractices
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.
ourresults
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.
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ourreach
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.
Practices
Kubicki Draper provides service in the following areas:
- Abuse Claims
- Administrative Law and Criminal Licensing
- Admiralty and Maritime
- Alternative Dispute Resolution
- Appellate Practice and Litigation Support/Consulting
- Attorney Fees Expert
- Auto Glass
- Automobile and Motorized Vehicles
- Bad Faith Defense and Good Faith Claims Handling Assistance
- Banking and Financial Services
- Bankruptcy and Creditors' Rights
- Class Actions / Multi-District Defense
- Commercial Litigation and Transactions
- Community Associations
- Construction
- Defamation
- Environmental
- First Party Property - Personal and Commercial
- Fraud / SIU / EUO
- Hospitality and Retail
- Insurance Coverage
- Intellectual Property
- Labor and Employment
- Liquor Liability
- Medical Malpractice
- Nursing Home and Assisted Living Facilities
- Personal Injury Protection (PIP)
- Premises Liability
- Presuit Settlement Assistance
- Products Liability
- Professional Liability
- Real Estate
- Trucking, Transportation and Logistics
- Workers' Compensation / Longshore and Harbor Workers
For questions about our services and/or to assign a new matter, please contact Brad McCormick.
July 24, 2024
Considerations in application to our client's review of similarly situated scenarios include:
- If the client is requesting trial de novo, a motion for trial de novo must be filed within twenty days in the First and Fourth District's jurisdiction or it will not be granted.
- If the client misses the 20-day deadline, it may obtain relief by filing a motion for relief from judgment under rule 1.540(b).
- If the opposing party files an untimely motion for trial de novo, it should be opposed in all jurisdictions.
View the opinion here.
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July 10, 2024
![](https://www.kubickidraper.com/283196/assets/images//In loving memory x Michael Walsh.png)
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July 3, 2024
The committee is dedicated to enhancing the professional development and educational opportunities of Florida Registered Paralegals through various outreach programs and educational initiatives.
Ananta brings a wealth of experience to this role, having served as a Florida paralegal prior to pursuing her law degree at St. Thomas University. Her background uniquely positions her to contribute to the committee’s mission, and we look forward to her valuable insights and active involvement.
For more information about the paralegal committee, click here.
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July 2, 2024
Mark experienced a transformative presentation by Siddh Guru titled "Lessons on Peak Performance, Health, and Family." Siddh Guru enhanced his teachings with insights gained from his extensive travels to over 192 countries, all dedicated to the benefit of humanity.
Did you know?
Hinduism has 1.2 billion followers, making it the third largest religion in the world, following Christianity and Islam.
Thank you, Mark, for participating in this enlightening event and bringing back valuable insights for us to learn and grow from.
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June 27, 2024
The committee's mission is to advance diversity and inclusion in the local legal community through educational initiatives, community outreach, and social engagement, promoting an inclusive environment that respects people of varied backgrounds, religions, sexual orientations, and abilities. We look forward to Benjamin's impactful contributions in furthering these goals!
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June 25, 2024
On the first day, she attended the Blue and Gold E-Board Installation Gala, hosted by the Florida Association for Women Lawyers (FAWL). Tracie is set to serve as the 2024-2025 Journal Committee Chair.
On the second day, she was sworn in as Secretary of the Virgil Hawkins Florida Chapter of the National Bar Association.
Additionally, she participated in FAWL’s Executive Board Retreat and attended the Henry T. Latimer Awards Luncheon, formerly known as the Diversity Equity and Inclusion Committee Luncheon.
We are proud of Tracie's dedication to networking and professional growth, and we congratulate her on her achievements!
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June 24, 2024
Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and to be selected, peer nominations and evaluations are reviewed and combined with independent research.
To learn more, visit superlawyers.com.
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June 19, 2024
The gala celebrated the current and incoming officers and directors of the Miami-Dade Bar and introduced Charise Morgan as the President for 2024-2025, and Lauren Allen as the President of the Young Lawyer Section.
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June 12, 2024
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June 11, 2024
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June 4, 2024
The law clerk program is led by Jennifer Remy-Estorino and Nicole Wulwick from our Miami office, and Maegan Bridwell from our Tampa office. They focus on recruiting highly-motivated law students with top academic credentials to be paired with a mentor who provides opportunities for hands-on experiences alongside shareholders and associates. The program’s goal is to empower students to develop skills that will be critical in transitioning from the classroom to the courtroom. The experiences they receive will serve as a cornerstone to their career, hopefully here with the KD family.
Successful summer clerks are considered for associate positions upon graduation and bar admission. For more information about our program, please contact careers@kubickidraper.com.
![](https://www.kubickidraper.com/283196/assets/images/2024 Summer Law Clerks.png)
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May 28, 2024
The organization was formed to recognize the industry's best advocates and have them join to support the retention of trial by jury, professionalism, and ethics. Membership is by invitation only and involves a rigorous screening process that considers the individual's ability, experience, accomplishments and ethical standards as assessed by trial lawyers and judges. For more information, please visit www.isob.com.
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May 24, 2024
![](https://www.kubickidraper.com/283196/assets/images//Construction Group Announcement.png)
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May 23, 2024
This program involves collaboration between the St. Thomas law students and the Law Magnet Program at Miami Carol City High School. Under the guidance of Asiah Wolfolk-Manning, lead teacher for the law magnet program, St. Thomas law students assisted the high school participants in developing trial techniques in preparation for their final exam which is the Spring Mock Trial Competition. Students played the roles of state attorney, defense attorney, expert witness, and lay witness. In addition, there were several Florida attorneys, former judges, and Palermo Mentorship alumni who served as judges for the competition.
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May 21, 2024
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May 20, 2024
The National Black Lawyers is an invitation-only professional development and networking association comprised of the top African American attorneys from across the country.
Kudos to Ashley for this well-deserved recognition!
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May 17, 2024
Transition is a non-profit organization dedicated to helping those who have been incarcerated to find employment, rebuild their lives, and have a successful transition back into society.
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May 3, 2024
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April 29, 2024
How will this ruling affect current and future cases? Please contact us to discuss.
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April 18, 2024
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June 26, 2024
Stay tuned for more details!
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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:
- Regulatory Awareness
- Insurance Law and Updates
- Ethical Requirements
- Industry Trends
- Disciplinary Trends and Case Studies
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.
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March 19, 2024
Presented by: Jill Aberbach and Nicole Wulwick with special guest: Dana Race of Grindley Williams Engineering
For registration information, contact info@kubickidraper.com.
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February 14, 2024
March 15, 2024 | 12:00 p.m. EST
For registration information, contact info@kubickidraper.com
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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
- Regulatory Awareness
- Insurance Law and Updates
- Ethical Requirements
- Industry Trends
- Disciplinary Trends and Case Studies
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.
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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!
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November 13, 2023
December 5, 2023 | 12:00 pm EST
TBI claims have surged in recent years, with a mix of valid and questionable cases. This presentation will uncover the true nature of TBI injuries, offering insights into distinguishing genuine claims from dubious ones and providing strategies for their defense.
For registration information, contact us at info@kubickidraper.com.
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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.
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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:
- Regulatory Awareness
- Insurance Law and Updates
- Ethical Requirements
- Industry Trends
- Disciplinary Trends and Case Studies
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.
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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.
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August 16, 2023
These complimentary webinars are designed to provide claims professionals with valuable information that will assist them in their day to day claims handling and management. Join us!
Presented By: KD's Construction Practice Group
Workers' Compensation Immunity Available Under Florida’s Worker Compensation Law in Florida’s Construction Industry
September 14, 2023
12:00 p.m. - 1:00 p.m. EST
Join us to discuss the various aspects and defenses provided by Florida Statute Section 440. This course will walk the audience through the statutory analysis and include a discussion of the ways to put the insured in the best position to not only help their case, but also support dispositive motions.
Defending Construction Cases and the Possibility of Early Resolution
September 25, 2023
12:00 p.m. - 1:00 p.m. EST
This presentation will explore how to strategically maximize opportunities for early case resolution in construction related cases and to effectively defend construction cases.
For registration infomation, email info@kubickidraper.com.
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June 27, 2023
Florida 4-Hour Law and Ethics Update
July 25, 2023
10:00 a.m. - 2:00 p.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:
• Regulatory Awareness
• Insurance Law and Updates
• Ethical Requirements
• Industry Trends
• Disciplinary Trends and Case Studies
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 more information, or to register please contact info@kubickidraper.com.
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June 5, 2023
Auto Glass Practice Group Presents:
Seeing Through Fraud in Auto Glass Litigation
June 29, 2023
12:00 p.m. - 1:00 p.m. EST
Presenters: Caryn Bellus, Jacqueline Bertelsen, Marsha Moses, and Anthony Atala
For more information, or to register please contact info@kubickidraper.com.
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May 22, 2023
![](https://www.kubickidraper.com/283196/assets/images//FAWL Ad.png)
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May 5, 2023
KD's Workers' Compensation Practice Group Presents:
Workers' Compensation: Daily Litigation Defense Strategies
June 15, 2023
12:00 p.m. - 1:00 p.m. EST
Join us to learn all about handling a workers' compensation claim from the reporting of the incident and initial investigation on through to the litigation process. The presentation will review updated case law and focus on litigation techniques and tips, including asserting defenses.
Florida 4-Hour Law and Ethics Update
June 21, 2023
10:00 a.m. - 2:00 p.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:
• Regulatory Awareness
• Insurance Law and Updates
• Ethical Requirements
• Industry Trends
• Disciplinary Trends and Case Studies
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 more information, or to register please contact info@kubickidraper.com.
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April 14, 2023
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April 10, 2023
![](https://www.kubickidraper.com/283196/assets/images//ADVANCED TRIAL ADVOCACY 2023.png)
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April 6, 2023
![](https://www.kubickidraper.com/283196/assets/images//Learned Hand Award Dinner Sponsorship.png)
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April 4, 2023
![](https://www.kubickidraper.com/283196/assets/images//Fraud Awareness & Live Burn Symposium.png)
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March 14, 2023
April 11, 2023
10:00 a.m. - 2:00 p.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:
- Regulatory Awareness
- Insurance Law and Updates
- Ethical Requirements
- Industry Trends
- Disciplinary Trends and Case Studies
For more information, or to register please contact info@kubickidraper.com.
Continue...
July 26, 2024
June 27, 2024
May 17, 2024
February 27, 2024
February 27, 2024
February 27, 2024
December 12, 2023
November 22, 2023
October 24, 2023
IN THIS KDQ ISSUE:
- News & Announcements
- Legal Updates
- KD in the Community
- Spotlight: Meet Michael Suarez
- Hispanic Heritage
- First Party Conference Recap
- First Party Conference Part II - Program Info
- Construction Conference
- Presentations & Speaking Engagements
- Recent Results
- In Loving Memory: Karleen Turchin
- KD Team Updates
- Contact Us
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June 30, 2023
September 16, 2022
- KD in the Community
- What to Cover When Coverage Issues Arise: 5 Tips for Determining If You Need An EUO and, If So, What Questions to Ask
- Spotlight on Jason Friedman
- News / Annoucements
- The Ins and Outs of Florida Deceptive & Unfair Trade Practices Act Claims: What They Are, What Considerations Are Needed, and How to Defend Them
- Under Construction: A Quick How-To for Investigating & Analyzing Roadway Claims Occurring in or Near Construction Zones
- Presentations & Speaking Engagements
- Recent Results: Appellate
- Recent Results: Trials & Motions
- New Team Members
- New Additions
- Contact Info
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July 18, 2022
July 14, 2022
July 8, 2022
June 24, 2022
June 17, 2022
June 9, 2022
June 1, 2022
- KD in the Community
- Recent Rule Change Allows for Immediate Appellate Review of Orders Permitting or Denying Punitive Damages
- Insuring a Subcontractor? Four Factors to Consider in Evaluating a Tender Demand from a General Contractor
- Spotlight on Laurie Adams
- Presentations and Speaking Engagements
- Appraisal: The Secret Weapon You May Want to Consider for Your Claim
- On the Hook for a Prevailing Party's Attorney's Fees? Here's What to Know About Contingency Fee Multipliers
- Recent Results: Appellate and Trials, Motions, Mediations
- Charting the Right Course in Admiralty Jurisdiction: 5 Tips for Staying Afloat
- New Team Members
- News / Annoucements
- Contact Info
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April 4, 2022
January 21, 2022
- KD in the Community
- Super Lawyers 2021
- News | Annoucements
- Spotlight on Brad McCormick
- Presentations
- Speaking Engagements
- New Shareholders and Equity Partners
- Recent Results: Appellate
- Recent Results: Trials, Motions, Mediations
- New Additions
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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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June 26, 2024
The KD team was brought in to handle the defense after the case was transferred from another firm when it became clear that a jury trial would be necessary.
Following the no-liability verdict and final judgment obtained on behalf of our clients, the plaintiff now faces potential exposure for attorneys' fees and costs due to an expired proposal for settlement.
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June 24, 2024
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May 29, 2024
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May 24, 2024
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May 22, 2024
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May 22, 2024
The Plaintiff homeowner filed a lawsuit for breach of contract after her Hurricane Irma claim was denied in 2018. Plaintiff reported damage approximately 9 months after the storm, when a bedroom ceiling collapsed. Plaintiff hired a mitigation company three times between June 2018 and June 2020.
At trial, Plaintiff sought six figures for roof replacement and interior damage, while the mitigation company sought over $50,000 for its services. The lawsuit exposed the Defendant insurance carrier to potential fees in the hundreds of thousands, and likely a multiplier.
After a four-day trial, the jury ruled in favor of the insurance carrier finding that Plaintiff failed to prove Hurricane Irma caused the damage. Plaintiff unsuccessfully tried to exclude photos of a similar prior claim several times. Sarah’s skillful cross-examination revealed the prior claim damaged the same areas, and she demonstrated Plaintiff’s dishonesty about the prior loss. The coup de grâce came when Charles pounced on the overreach of Plaintiff's attorney and forced Plaintiff's expert to read into evidence his testimony that the repairs did not meet code – this, after hours of refusing to directly answer questions.
The insurance carrier’s expert showed the roof had no wind damage wind damage but rather repeated problems due to improper repair. Demonstratives illustrated and convinced the jury what real wind damages looked like with this type of roof.
With over five years of litigating numerous issues concerning expert testimony, dozens of Motions in Limine, prior claim photographs, the application, and burden shifting for trial, this trial win resulted in a huge cost savings for the carrier of multiple six figures.
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May 22, 2024
William and Joye filed for reconsideration, arguing the court considered evidence not in the record. The Plaintiff abandoned her reliance on the Life Safety Code and two other codes, introducing a new code and one not adopted by the ordinance, requesting judicial notice of these codes. The court granted reconsideration, refused to consider the new code, and held that judicial notice was improper for the non-adopted code. Without evidence of a code violation, the court granted full final summary judgment.
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May 15, 2024
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January 31, 2024
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January 18, 2024
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January 11, 2024
For more information about this case and/or to discuss similar matters, do not hesitate to reach out to Sharon C. Degnan at (407) 419-3812 | scd@kubickidraper.com.
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January 9, 2024
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April 26, 2023
![](https://www.kubickidraper.com/283196/assets/images//4.26 Success Story.png)
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March 30, 2023
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November 28, 2022
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November 15, 2022
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October 19, 2022
Caryn and Ben represented Cincinnati Specialty Underwriters Insurance Company, which issued a CGL policy to window contractor KNS Group, LLC. The subcontractor who hired KNS, GM&P Consulting and Glazing Contractors, Inc., was eventually sued by the casino’s owner for faulty workmanship, and GM&P sought a defense and indemnity as an additional insured on KNS’s policy, which Cincinnati denied. In the subsequent coverage action, the district entered summary judgment for Cincinnati, finding that it had no duty to defend or indemnify GM&P because the policy’s additional insured coverage only extended to claims of vicarious liability for KNS’s negligence, which the underlying complaint did not allege.
On appeal, GM&P argued that the policy, which covered GM&P for property damage caused “in whole or in part” by KNS, included the casino owner’s claims because the underlying complaint alleged improper installation of the casino’s “glass façade,” which GM&P had subcontracted to KNS. In response, Cincinnati argued that the underlying complaint said nothing about KNS, and thus GM&P was being sued only for its own negligence, which the plain language of the policy did not cover. The Eleventh Circuit agreed, holding that the policy only covered GM&P for liability that “is caused by or occurs by reason of acts or omissions of the named insured.” Because there were no such allegations in the underlying complaint, the court affirmed summary judgment for Cincinnati.
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September 16, 2022
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September 16, 2022
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