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We are proud to celebrate Hispanic Heritage Month, each year from September 15 – October 15.

Some of our own team members are a testament to the rich Hispanic cultural tapestry. Their individual stories and experiences highlight for us how Hispanic traditions and culture continue to shape and enhance our daily lives and work environment, making our firm not only more diverse but also more connected to the communities we serve.

As we celebrate Hispanic Heritage, we are reminded of the strength and beauty found in diversity.






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On September 4, 2024, the Third District Count of Appeal issued its opinion in Citizens Property Insurance Corporation v. Cheria Walden, which granted a writ of certiorari and quashed an order denying Citizens 's Motion to Dismiss the Complaint for failure to comply with pre-suit notice requirements under section 627.70152 of the Florida Statutes. The trial court denied the Motion to Dismiss on the basis that Florida Statute, Section 627.70152’s pre-suit notice requirements do not apply to a declaratory judgment action. The Third DCA determined that the trial court departed from the essential requirements of the law by denying the Motion to Dismiss, as the Complaint effectively alleged a breach of contract claim against Citizens, triggering the pre-suit notice requirements. This ruling means that property insurance carriers can seek dismissals if the pre-suit notice requirements of Florida Statute, Section 627.70152 are not met, even if a declaratory judgment action is pled that is a thinly veiled breach of contract claim. View the opinion here. 
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The sky is the limit for Mark Young, of our West Palm Beach office, who received an invitation from the American Society of Civil Engineers to tour the National Aeronautics and Space Administration's (NASA) Kennedy Space Center in Florida. This exclusive tour offered Mark an insider’s view of critical aerospace infrastructure, including Launchpad 39B and the Vehicle Assembly Building.
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Back to school ready! Our teams in Orlando, Fort Myers, Jacksonville, Fort Lauderdale, and West Palm Beach rallied together to collect essential supplies for local students. Together, we're helping to ensure a successful start to the school year.
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We are proud to have several lawyers recognized in the 2025 editions of The Best Lawyers in America ® and the Best Lawyers: Ones to Watch™ in America.

For more information on the U.S. News - Best Lawyers® “Best Law Firms” rankings, please visit the “Best Law Firms” website here.

   





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We pride ourselves on supporting the growth and achievements of not only our team members but also, their families. We are thrilled to share the exciting accomplishments of Brooke Taylor, the daughter of one of our dedicated paralegals in Ft. Myers, Nigel Taylor.

Brooke is currently a standout student at UCF Rosen College of Hospitality Management, where she is majoring in entertainment management with a minor in digital media. Her hard work and passion have led her to an incredible opportunity as a social media coordinator intern for the 2024 Paris Olympics. Based at NBC Sports headquarters in Stamford, Connecticut, Brooke plays a crucial role in bringing the excitement of the Olympics to fans around the world.

In her role, Brooke is responsible for crafting engaging content that helps amplify the stories of athletes and celebrity hosts like Mike Tirico, Michael Phelps, Kelly Clarkson, and Snoop Dogg.

We are proud to see the next generation making waves in their respective fields, and Brooke’s success is a shining example of what can be achieved with determination and the right support system. Congratulations to Nigel and Brooke on her impressive accomplishments—we can’t wait to see what the future holds for her!

Read more about Brooke here. 
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We are proud to announce that several of our women attorneys have been recognized in the 9th Annual Best Lawyers® Women in Law Business Edition. This prestigious publication honors the exceptional achievements of women in the legal field, including those recognized as "Ones to Watch."

Laurie Adams- Personal Injury Litigation
Caryn Bellus- Appellate Practice
Angela Flowers- Appellate Practice
Jane Rankin- Real Estate Law
Leeza Newman- Construction Law and Insurance Law

These women exemplify leadership and dedication, and their inclusion in this edition reflects their hard work and commitment to excellence. Congratulations to all!

Best Lawyers is the oldest and most respected peer-review organization in the legal profession. It compiles its rankings through extensive surveys, where tens of thousands of leading lawyers confidentially evaluate their peers in local markets and specialties.


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Congratulations to Mark Young, our newest Florida Bar Board Certified attorney in Construction Law! With a focus on complex construction law matters, Mark excels in representing a diverse clientele, from owners to contractors, in intricate disputes and high-stakes projects. His strategic counsel minimizes liability, making him an invaluable asset to clients.
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We are beyond proud to have earned the #2 spot in Law 360’s Annual Diversity Survey among firms with 101-250 attorneys!

This is a testament to our commitment to creating a space where everyone can succeed, grounded in our belief that strength comes from diversity. We look forward to continuing our efforts and making our team even stronger.

View opportunities to join the KD Family here! https://www.kubickidraper.com/careers
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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.

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• 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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We are proud to be recognized by the Daily Business Review and earn a spot on their coveted DBR 100 Rankings list.

This honor reflects our commitment to diversity, as we are the only firm on the list led by a team composed of over 50% women.

This achievement marks our ongoing journey toward a more impactful tomorrow.


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Our Chief DEI Officer, Charles Watkins, presented, "Can We Prevent Human Bias From Becoming AI Bias?" as part of the ClaimsXchange Education On Location series. He presented with esteemed colleagues Maria Abate of Colodny Fass and Dwight Geddes of Metro Claims Management.

The series provides industry professionals the opportunity to network and share discussions regarding the industry's top themes.


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We are pleased to announce Ananta Rampersad, of our West Palm Beach office, has been appointed to the Florida Registered Paralegal Enrichment Committee of the Florida Bar Association.

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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Mark Young, from our West Palm Beach office, attended a Hindu Guru event presented by the Asian Pacific American Bar Association (APABA) and hosted by Holland & Knight.

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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We are pleased to announce Benjamin Bourdon's appointment to the Diversity and Inclusion Committee of the Palm Beach County Bar Association.

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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Tracie Reese, from our Tampa office, recently participated in a series of events at the Annual Florida Bar Convention.

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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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.

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Step into a world of discovery as the KD team presents a series of expertly crafted sessions designed to empower claims professionals in unveiling the mysteries of first-party claims.

Register now to attend one, several, or all of our upcoming presentations by emailing us at: info@kubickdraper.com.


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CE opportunities continue online! We invite clients and other insurance professionals to join us for our upcoming complimentary webinar.

For more information, e-mail us at info@kubickidraper.com.


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Join the KD team on Thursday, September 19th, for a day of continuing education where we will unmask the secrets of claims success.

Stay tuned for more details!
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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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When Claims Are Moldy: Understanding, Assessing and Litigating Mold-related Issues in Property Claims

For registration information, contact info@kubickidraper.com.

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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

 

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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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Traumatic Brain Injury Litigation

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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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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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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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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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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We are honored to once again sponsor and participate in the 2023 Florida Institute Fraud Education Committee (FIFEC) Annual Conference. Join our team in Orlando, Florida from July 12-July 14 and attend the many CE topics we are slated to present. For more information and/or to register, visit: https://www.fifec.org/. 



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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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IN THIS KDQ ISSUE:

• 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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IN THIS KDQ ISSUE:

• 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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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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Michael Carney and Victoria Lopez of our Ft. Lauderdale office and Samuel Leah, of our Orlando office, secured a complete defense verdict after a week-long trial in Key West. The case involved multiple claims against a veterinary practice and its principals, including allegations of defamation, intentional infliction of emotional distress, malicious prosecution, fraud, and violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).

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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Kameron Romaelle, of our Ft. Lauderdale office, secured a defense verdict in a non-binding arbitration, leading to a voluntary dismissal with prejudice in a homeowner insurance matter. Originally set for trial, the dispute involved a claim of over $40,000 for damages from an A/C leak. Despite initial denial due to seepage issues, Kameron effectively used engineer findings and the insured's testimony to refute the plaintiff's less compelling evidence, including their citation of our own engineer's study. The arbitrator awarded a defense verdict, prompting the plaintiff to request a walk away and a dismissal with prejudice was filed shortly after. 
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Eli Marger won summary judgment on claims brought by a condominium unit owner for negligence and res ipsa loquitur stemming from a sudden, high-volume water leak at the condominium building which had been vacant for two months due to a fire. Through discovery, Eli established his client – an upstairs unit owner – had no prior notice of a potential plumbing issue and that the precise cause of the failure was never determined. After two hearings on the motion for summary judgment, the judge granted the motion on Eli’s arguments for no duty and no applicability of res ipsa loquitur.
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Sarah Goldberg and Charles Watkins, of our Miami office, obtained a complete defense verdict in a hotly contested Hurricane Irma full denial case.

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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William Backer and Joye Walford received final summary judgment in a premises liability case involving a trip and fall on an uneven sidewalk in a residential subdivision. William and Joye argued that the minimal elevation difference (¼ to ½ inch) between sidewalk slabs was open and obvious, and not inherently dangerous as a matter of law. The Plaintiff claimed the sidewalk violated four codes, two of which were county ordinances, but did not produce the codes. The trial court initially granted summary judgment for the negligent failure to warn claim but denied it as to the count alleging negligent failure to reasonably maintenance the sidewalk, citing a possible Life Safety Code violation.

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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Alexandra Paez and Harold Saul, of the Tampa office, obtained a complete defense verdict for their client, the UIM carrier, after a 4 day jury trial in Hillsborough County. Prior to trial, the Plaintiff dropped his past and future medical expenses claims, due to the bills were significantly reduced due to Medicare payments, opting to solely pursue his pain and suffering claim. Crucially, Alexandra obtained a ruling from the Court confirming the admissibility of the Plaintiff’s pre-accident Social Security Disability application, on which the Plaintiff claimed somewhat similar injuries he was now claiming were caused or aggravated by the accident. Plaintiff called his treating pain management doctor, who treated him both before and after the accident and testified that the Plaintiff suffered a permanent aggravation of his pre-existing medical conditions.
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Brea Dearing and Kendra Therrell, from our Jacksonville office, successfully obtained a defense verdict in an Alachua County auto accident trial where liability was disputed. The plaintiff claimed her vehicle was totaled, alleging permanent neck and back injuries necessitating lifelong treatment. Defense countered by revealing the plaintiff's pre-existing chronic pain, previously denied, portraying her as an unreliable witness. Despite the plaintiff seeking over $2 million, the jury awarded only past medical expenses, determining no permanent injury. Post-trial motions led to a zeroed-out judgment via a stipulation triggered by the expired Proposal for Settlement.
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In McKee v. Crestline Hotels & Resorts, LLC, No. 4D2022-3428 (Fla. 4th DCA Jan. 10, 2024), Kubicki Draper’s own Sharon C. Degnan argued—and the Fourth District Court of Appeal held—that an employee was not engaged in the course and scope of employment when he struck two pedestrians while driving his personal vehicle home and, around that same time, used his personal cell phone to make what might have been a work-related phone call. In holding the driver’s employer was not vicariously liable for the employee’s conduct at the time of loss, the court applied the vicarious liability test outlined in Sussman v. Florida East Coast Properties, Inc., 557 So. 2d 74, 76 (Fla. 3d DCA 1990), concluding that the “act of using a personal cellular phone while driving home from work is not the kind of act [the employee] was hired to perform,” nor was driving or using a personal cell phone an integral part of the employee’s job. The court explained that “[t]he cost of negligence in such circumstances should be imposed on the owner or operator of the vehicle—not the employer.” See the full opinion here. 

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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Kendra Therrell and Erin Johnston of our Jacksonville office tried an admitted liability contested damages 5-day UM trial in Duval County, a known volatile venue for insurance carriers. The at-fault driver was still a party to the case but was absent from the courtroom most of the week, leaving an empty chair. Numerous motions and objections were made before and during the trial to combat the Plaintiff’s improper arguments and comments, particularly regarding UM coverage and insurance. The trial lasted all five days. After 3 hours of deliberations, the jury returned a verdict for an amount within the UM policy limits, lower than our last offer, and a finding of no permanency.
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Michael Clarke, Jennifer Emerson, and Joye Walford of Kubicki Draper’s Tampa office, obtained the reversal of a Final Judgment in Progressive Select Insurance Company v. The Imaging Center of West Palm Beach aao Erica Prete, No. 4D21-3074 (4th DCA March 8, 2023). The Fourth District found that the trial court erred in denying the Insurer leave to amend its Answer and Affirmative Defenses. The Insurer sought to add new affirmative defenses including the invalidity of a pre-suit demand letter and the exhaustion of benefits.The amendments were essential as the Plaintiff had raised a new argument supporting its cause of action after a change in governing law in its favor. The Fourth District found that the trial court appeared to have denied the motion to amend on the basis that it was untimely but failed to consider that the Plaintiff had not been prejudiced by the proposed amendments and could prepare for the additional affirmative defenses. This was particularly true as the motion to amend had been filed before any summary judgment hearing or trial date had been set.  
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Congratulations to Caryn Bellus and Ben Carter, of our Miami office, who prevailed in a federal court appeal arising out of the defective construction of a casino in Maryland.

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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Sharon C. Degnan, of our Orlando office, obtained an affirmance in Branch v. Rodrigues, 336 So. 3d 722 (Fla. 2d DCA 2022).  The case involved a relatively minor accident where the plaintiff, a garage door installer who frequently had to strain his arms and neck in his job, reported that he injured his arms and neck in the accident. Stefanie D. Capps, of our Ft. Myers office, tried the case originally, obtaining a total defense verdict and was also successful in securing orders to exclude the plaintiff’s biomechanical/accident reconstruction expert from testifying at trial and permitting the defendant’s biomechanical/accident reconstruction experts to testify. The plaintiff appealed, arguing that the trial court erred in striking his expert and in allowing ours to testify and further argued that our experts’ testimony improperly pyramided inferences.  Sharon highlighted the fact that the plaintiff’s biomechanical expert used an unreliable methodology and lacked familiarity with the simulation software discussed in his report.  She also laid out the incredibly detailed, step-by-step analysis used by the defense experts and explained that not only were they qualified to testify, their methodology was reliable and did not improperly stack inferences.  The Second District Court agreed. 
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Sharon C. Degnan, of our Orlando office, prevailed on appeal in the products liability case of Grieco v. Daiho Sangyo, Inc., 2022 WL 2136932 (Fla. 4th DCA June 15, 2022), where the underlying plaintiff sustained injuries after he was struck by a vehicle driven by a young woman whom had been “huffing” computer duster spray, which she had just purchased at a nearby Wal-Mart. The plaintiff sued Wal-Mart along with the duster spray manufacturer and distributor under strict liability and negligence theories. The trial court below granted final summary judgment for Wal-Mart, the manufacturer, and the distributor, and the plaintiff appealed. Sharon argued as lead counsel on behalf of all three appellees.  In an 18-page opinion, the Fourth District Court of Appeal agreed with Sharon that, with respect to strict liability for the alleged design defect of the duster spray, the proper scope of inquiry is to consider the reasonable expectations of the consumer. In this case, the consumer was the tortfeasor, and no inference could be made that she had an ordinary expectation of the product performing safely because she had no intention of using it for its customary use. The court further re-affirmed the line of cases that holds that the manufacturer, distributor, and seller of a product cannot be held strictly liable when a third party’s injuries result from a consumer’s unintended and illegal use of a product. Regarding the plaintiff’s argument as to strict liability for the appellees’ alleged failure to warn due to a deficient warning label, the court rejected this, noting that the label stated that inhaling the product could be harmful or fatal, and explained that a bitterant was added to deter inhalation of the product. No additional warnings were needed with respect to the dangers of specifically driving while inhaling the product, as the plaintiff had argued. The last point the court addressed was the common law negligence count, which the lower court granted summary judgment on by finding that the intoxicated driver’s conduct was the sole superseding cause of the accident and injuries. The court wrote an in-depth analysis of foreseeability in the context of duty and proximate causation, and further reiterated that in some scenarios the question of proximate cause—normally one for the jury—can be a question to be resolved for the court, especially in the context of intervening negligence. The court also noted that the question of duty is not one to “the world at large” but arises out of the relationship between the specific parties, which is a more narrow inquiry, especially in cases involving the negligence of a third party.
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