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locations

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 Office
402 Applerouth Lane, Suite 2C
Key West, FL 33040
T: 305.509.7300 F: 305.374.7846
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Ft. Lauderdale Office
110 East Broward Blvd., Suite 1400
Fort Lauderdale, FL 33301
T: 954.768.0011 F: 954.768.0514
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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 Office
400 North Ashley Drive, Suite 1200
Tampa, FL 33602
T: 813.204.9776 F: 813.204.9660
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Orlando Office
201 South Orange Avenue, Suite 475
Orlando, FL 32801
T: 407.245.3630 F: 407.245.7685
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Ocala Office
1396 NE 20th Avenue, #500
Ocala, FL 34470
T: 352.622.4222 F: 352.622.9122
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Jacksonville Office
76 South Laura Street, Suite 1400
Jacksonville, FL 32202
T: 904.396.0062 F: 904.396.0380
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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 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 Office
13350 Metro Parkway, Suite 401
Fort Myers, FL 33966
T: 239.334.8403 F: 239.939.0700
view location | map locationCharlotte | Collier | DeSoto | Glades | Hardee | Hendry | Lee

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

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.


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.

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.


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
- Automobile and Motorized Vehicles
- Bad Faith and Claims Handling Assistance
- Banking and Financial Services
- Bankruptcy and Creditors' Rights
- Business Litigation
- Class Actions / Multi-District Defense
- Commercial Litigation and Transactions
- Community Associations
- Construction
- Defamation
- Directors & Officers
- Environmental
- Errors & Omissions
- 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
- Probate and Minor Guardianships
- 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.
August 15, 2022
Laurie grew up in the small town of Clarksburg, West Virginia, with her sister and was raised by a working-class single mom, who unfortunately endured several health problems while Laurie was a child. Laurie recalls feeling powerless back then, wanting to help her mom but not quite knowing how. She felt that her family members’ lives were controlled by large institutions, and she recognized that “you have to understand the fine print and the rules, otherwise bad things will happen.” This caused something to sort of click inside of her: if she could devour as much knowledge as possible and learn how the world works, then maybe she would find herself in a better position to resolve some of these big challenges she and her family faced. So, that’s exactly what she did. Through many years of night school, she absorbed as much information as she could, including reading multiple newspapers daily—which she still loves doing. She started applying this knowledge for herself and her family, and still does. In high school, she even fought a traffic ticket, with poster board and drawings in tow to prove her case.
In the 1980s, Laurie relocated to the Washington, D.C. area and earned her paralegal certification. She eventually made her way to Florida, first settling in the Miami area, which is when she began working at KD, starting off as a paralegal focusing on medical malpractice, a subject near and dear to her. The subject of healthcare generally would become that much more important to Laurie following the birth of her son, who as a child was diagnosed with Type 1 Diabetes. Laurie has become a strong advocate for her son and so many others with Type 1 Diabetes through the Juvenile Diabetes Research Foundation (“JDRF”), fighting to ensure everyone has access to the proper care and supplies and that people remain educated on this issue.
In her thirty years at KD, Laurie has “basically worked every job in the law firm with the exception of the mail room.” In addition to her medical malpractice paralegal responsibilities, she helped with accounts receivable and administrative items. She realized early on that as much as she enjoyed being a paralegal, it seemed she would enjoy being a lawyer even more, feeding into her mission of helping resolve problems. So, she enrolled full time in law school at the University of Miami, working at KD, and singing in a wedding band. After graduating with honors and passing the bar exam, Laurie jokes that she “pulled a George Costanza and just kept coming in each day,” eventually scoring her a promotion from paralegal to attorney.
In the mid-1990s, Gene Kubicki, the founder of KD, approached Laurie and asked her if she would consider relocating from Miami to the firm’s West Palm Beach office. He told her, “Those boys could use some help up there.” She agreed and was the only female attorney at the West Palm Beach office at that time. This was at a time when staff counsel had not been widely established, so the number of cases that went to trial was high. In fact, she tried her first case within just a few months after being admitted to the bar. This was certainly difficult, but absolutely invaluable. She learned so much about how to be a good trial lawyer by observing her peers in their trials, aiming to never miss one since it was such an effective way to learn.
Nearly thirteen years ago, Gene Kubicki retired from the firm, naming four attorneys to the Executive Board to replace him, including Laurie. At that time, the firm had approximately fifty attorneys; since then, it has grown to around two hundred. Laurie’s role on the Board includes overseeing the legal training of the firm’s attorneys, which aligns perfectly with her background and her lifelong passion for learning in order to become an effective problem solver.
Over the years, Laurie’s practice has extended well beyond medical malpractice and now includes complex personal injury claims, bad faith litigation, and insurance coverage disputes. Her goal is generally to resolve claims pre-suit if at all possible, noting it’s often better and more cost-effective for all parties involved when pre-suit settlement agreements can be reached.
In the limited spare time she has, Laurie enjoys gardening, hanging out with family and friends, jet skiing, and traveling, particularly to areas where she can learn about history, food, and music of the area. Over her thirty years as part of the KD family, Laurie has accomplished too many amazing results to count, but in her opinion, her greatest accomplishment is landing a job that she loves while simultaneously managing to have a great family life. She noted everyone knows that it can be tough to strike a work-life balance with a very demanding job and a young child, especially one with health issues (who is now a thriving 25 year old). With determination and focus, she’s managed to keep her son (and the rest of her family) healthy, all while providing excellent service to our clients.
Laurie is an amazing resource for our firm and our clients. If you’re stuck with a pre-suit or litigation problem, reach out to Laurie and her skilled and knowledgeable team.
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August 10, 2022
If it seems like a tough coverage question, it’s best to obtain an EUO. Recorded statements are almost always a good idea, so if you can obtain one, go for it. But, when the facts present a more difficult coverage question, it’s best to seek an EUO where an experienced lawyer can help you navigate the legal nuances involved. Whether it’s a golf cart, a kit car, a work vehicle, a young driver away at school, or an event that just doesn’t seem to arise out of the ownership, maintenance, or use of the vehicle (e.g., tailgating-related accident, injuries from a fist-fight inside the vehicle, or injuries from using mobile gym equipment mounted to a vehicle), we can help you.
(2) Ask the Right Questions
Whether you obtain an EUO or take a recorded statement, be prepared to ask the right questions. In preparation for conducting an EUO or a recorded statement, review the claim file and determine what issues need to be resolved. This will help guide you in formulating the right list of questions to ask. During the EUO, listen carefully to the insured’s responses and ask the proper follow-up questions. For example, if an insured tells you she was traveling to a job site or work meeting at the time of the accident, follow up with questions to confirm whether she was on the clock, how often she uses her vehicle in the course and scope of her employment, and so on.
(3) BOLO for "Regular Use"
Be on the lookout for potential issues relating to “regular use.” Some of the most common examples of situations where a vehicle’s regular use may need to be fleshed out include: (1) occasional or incidental use versus frequent or regular use; (2) vehicles not owned by the named insured but instead owned by a family member living in the named insured’s household; (3) vehicles used for work; and (4) repairs and total losses. In these instances, ask questions such as who the primary driver of the vehicle is, who maintains keys to the vehicle, whether permission is needed to drive the vehicle, who oversees vehicle maintenance and costs, etc.
(4) Determining a Person's Residence
There are several factors to consider in determining a person’s residence. Under Florida law, a person’s residence is their place of abode (i.e., typically where they sleep each night) and can be permanent or temporary; and a resident is generally a person who lives at a place with no present intention of removing themselves from that place (i.e., no plans to permanently move elsewhere or leave the household altogether). When this issue arises, try to determine where the person receives mail, the longest amount of consecutive nights the person has stayed overnight at the location, whether the person has his/her/their own bedroom at the location, whether he/she/they have any intention of moving and when, etc.
(5) Named Insured's "Household"
When determining residency, you also need to consider whether the alleged resident is a member of the named insured’s “household” – Florida courts have established that aside from living under the same roof as a named insured, a person must also meet other requirements in order to be considered a resident of the named insured’s household. This includes: (1) having close ties of kinship with the named insured; (2) living in a fixed dwelling unit; and (3) having enjoyment of each part of the living facilities that the named insured also enjoys. Here, consider questions regarding whether all of the residents do any activities together (e.g., eat meals, grocery shop, watch television), whether the insured has full access to the entire house or only certain rooms/areas, and whether the insured freely allows others to enter into his/her/their part of the residence.
If you have any questions on the tips above, please contact Michael Clarke, Sebastian Mejia or Ryan Elias.
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August 9, 2022
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July 19, 2022
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July 18, 2022
The Court agreed with Angela that the insureds failed to timely appeal because, pursuant to the new appellate rule governing non-final appeals, it did not have jurisdiction over an appeal to enforce a purported settlement agreement because the appeal was taken from a subsequent trial order clarifying that the trial court’s prior denial was as a matter of law, and a motion for rehearing or clarification does not toll rendition of a non-final order. Further, the clarifying order is not independently appealable because the court did not issue a new ruling on the enforceability of the purported settlement agreement. Read full opinion here.
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July 7, 2022

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July 6, 2022

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July 5, 2022
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June 29, 2022

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June 24, 2022
June 22, 2022
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June 17, 2022
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June 16, 2022
In Grieco v. Daiho Sangyo, Inc., et al., 4D20-2294, 4D20-2557 (Fla. 4th DCA June 15, 2022), the Fourth District Court of Appeal affirmed summary judgment in our client’s favor in a case brought by a plaintiff against a manufacturer, distributor and retailer of a compressed gas dusting spray product intended to clean computers and other electronics, which, when misused by being inhaled, produces a short-lived high. The plaintiff was injured when the driver-tortfeasor, who was addicted to inhaling this type of product, purchased a can from the retailer and, while driving home, got high at a red light and lost control of her vehicle, causing it to collide with the plaintiff. The plaintiff sued the retailer, the product manufacturer, and the distributor under strict liability and negligence theories based on design defect and failure to warn.
The Fourth District in a lengthy 18-page decision found that the plaintiff's claims failed on all theories. As it related to strict liability for an alleged design defect, the court held that product liability defendants are not strictly liable when a third party’s injury results from a consumer’s unintended and illegal use of a product.
The court also held that the strict liability duty to warn claims failed because the warning label on the product expressly stated that misuse through inhalation could be harmful or fatal, and that a bitterant was added to the product to discourage inhalant abuse. Even though the product label did not prevent the driver-tortfeasor from misusing the product, the court found that summary judgment was properly entered on the claim because it was sufficient to warn a reasonable consumer not to inhale it.
With regard to the common law negligence counts, the court wrote an in-depth analysis of foreseeability in the context of duty and proximate cause. It concluded that the causal link between the danger (being struck by a vehicle driving off the roadway) and the alleged misconduct (manufacturing and selling a household dust-removal product) was simply too attenuated and remote to support the existence of any duty to third parties arising from the product’s misuse. Moreover, the court determined that the plaintiff’s injuries were the result of the driver-tortfeasor’s reckless indifference to her own safety as well as the safety of others and not the conduct of the product liability defendants. Read more here.
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June 9, 2022
If you have any questions or concerns regarding exposure analysis for a defense or indemnity provision, our construction group is well-versed in these provisions. Contact the group at: construction@kubickidraper.com.
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June 8, 2022
From left to right below, meet: Jonathan Garvin, Ashlie Avila, Skyler G. Jackle, Ylena Zamora-Vargas, Maria Alfaro, Toni Attard, Cheyenne Dallis, Ashley Findeisen, and Christopher Cruz.
Our law clerk program is lead by Jennifer Remy-Estorino and Nicole Wulwick of our Miami office who focus on recruiting highly-motivated law students with top academic credentials. Jennifer and Nicole pair each law student 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 the student 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.

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June 8, 2022
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June 7, 2022

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June 6, 2022
We are a proud sponsor of the 2022 Florida Institute Fraud Education Committee (FIFEC) Annual Conference taking place this week from June 8-10 in Orlando, Florida. We are also excited about our team being slated to present several topics! We hope to see you in their sessions, but if not, come by our photobooth and say hello! We look forward to seeing you! For more information, or to register please click here.
Day 1Wednesday, June 8, 2022
Time: 1:20 p.m. – 3:20 p.m.
Title: The Story of a Bartender, a Local Radio Celebrity and a Fraudulent Accident
Presenters: Jarred Dichek (KD), Narcy Fajardo-Sanchez (Progressive), Kelvin Gomez (MetLife/Farmers Insurance Company)
Description: This is an intermediate level course that will walk attendees through the investigation of a fraudulent accident where PIP, UM, and BI claims were made. The course will discuss the red flags that indicated possible fraud, what investigative tools a special investigator has at their disposal to determine if fraud is occurring, how to gather evidence that will be admissible at trial during the investigation, how to pursue a fraud claim in court and what elements are needed to be proved.
Day 2
Thursday, June 9, 2022
Time: 8:00 a.m. – 12:00 p.m.
Title: Florida 4 Hour Law and Ethics Update
Presenters: Michael Carney, Caryn Bellus, Gregory Prusak, Michael Walsh
Description: This course will discuss and update Florida adjusters on regulatory matters, Florida case law update and ethics.
Title: A Covid Year in Review for First Party Claims
Time: 10:10 a.m. – 12:00 p.m.
Presenters: Anthony Atala (KD), Erika Cordovi (KD), Barbara Fox (KD), Carl Nemeth, Jr., (Tower Hill Insurance Group), Jennifer Newell (FedNat Insurance Company)
Description: 2020 was the year of the unknown, and 2021 proved to be as challenging. However, that did not curve fraudulent first party claims in Florida. This course will highlight some of the trends seen in the last couple of years, such as Engineering Inspections, Weather Events in 2020, Senate Bill 76, Hot Litigation Topics, and Attorney Discipline, and how these same issues are affecting 2022 and beyond. The panelists include 2 SIU Managers discussing how their teams have been able to investigate these fraudulent claims.
Title: Investigating Mechanical Damage in Homeowner Wind Claims and How to Identify and Handle Fraudulent Claim Activity
Time: 4:10 p.m. – 6:00 p.m.
Presenters: Stefanie Capps (KD), Marc Leonard (Rimkus Consulting Group)
Description: This course will discuss forensic evaluation, possible human involvement and fraudulent conduct in homeowner’s insurance claims and strategies for investigation and handling.
Day 3
Friday, June 10, 2022
Time: 10:10 a.m. – 12:00 p.m.
Title: Combating Fraudulent and/or Excessive Attorneys’ Fee Demands
Presenters: Jarred Dichek (KD), Sara Engel (The Engel Firm), Allison Harke (Allison Clasby Harke P.A.)
Description: Learn how to evaluate attorney fee demands, how to effectively review time sheets and identify over-billing, fraudulent billing, and improper billing. Guests will learn how a fee hearing works, how to use attorney fee experts, and what case law and rules support denial of certain billing entries.

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June 3, 2022
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June 1, 2022

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November 4, 2022
If you are a construction claims professional, you won't want to miss it!
This complimentary event is designed to provide claims professionals with valuable information that will broaden construction and risk knowledge and will assist in claims handling and management of construction cases. Lunch is included and guests are invited to stay for a cocktail reception immediately following the program.
Attendees will be eligible to receive 1 Florida Continuing Education Credit for each topic attended.
Space is limited, so register today!
Conference Program
Considerations in Defending Contractors Involved in Public ProjectsLearn about various issues that arise when defending contractors who are involved in public projects in Florida. This course will review the statutory and legal implications.
Experts, Evidence and Daubert: The Admissibility of Evidence in Construction Defect Claims
From pre-suit statutory 558 investigations to trial testimony, experts are one of the most critical aspects to litigating construction defect claims. In this course, we discuss pre-suit considerations, retention of “qualified” experts, testing protocols, Daubert challenges, and more. Actual case studies are used to apply theory to reality and improve your ability to properly evaluate and litigate a wide variety of construction defect claims.
Controlling Expert Costs in Construction Related Cases
A discussion of the various aspects of expert retention and why each step in the process is critical -- from selecting the right expert, to communicating and providing information and being concise in scope, all while being cost-effective.
Keeping up with Construction Coverage: An Overview of Florida Law
In this course, you will learn how to navigate the current law in Florida with respect to coverage in the construction defect arena along with practical tips and a discussion of current events.
Risk Transfer – Seeking Entitlement to Indemnity/Defense before Trial
Learn effective ways to transfer risk and/or pursue and/or defend entitlement to indemnity and defense claims in order to gain leverage and best protect your client.
For more information, or to register please email info@kubickidraper.com.
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August 25, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's Appellate and Coverage Practice Group:
Presenters: Jacqueline Bertelsen, Michael Clarke, Sharon Degnan
This course will provide attendees with a basic understanding of the legal grounds upon which punitive damages can be awarded against individual and corporate defendants. It will also address the basic pleading requirements and evidentiary showing needed to permit punitive damage claims to be pursued under Florida law. The presenters will review the recent rule change in the Florida Rules of Appellate Procedure which now allows parties to appeal orders granting or denying motions to amend the complaint to assert punitive damage claims and they will discuss the significance of this rule change to litigants in the Florida courts.
For more information, or to register please contact info@kubickidraper.com.
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August 17, 2022
10:00 p.m. - 2:00 p.m. EST
Presenters: Rebecca Brock, Kenneth Oliver, Sarah Goldberg, Charles Watkins
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.
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July 28, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's Appellate and Coverage Practice Group
Presenters: Sebastian Mejia, Michael Clarke, Ryan Elias
This course will provide a framework for the proper use of Examinations Under Oath in order to analyze coverage issues related to Residency and Non-owned Autos/Regular Use.
For more infomation, or to register please contact info@kubickidraper.com.
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July 27, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's Hospitality, Retail, and Premises Liability Practice Group
Presenters: Lisandra Guerrero, Francesca Ippolito-Craven, Raquel Loret de Mola
This course will review the importance of understanding when the Limitation of Liability Act may apply as opposed to state law and what the disadvantages and advantages of its application are.
For more infomation, or to register please contact info@kubickidraper.com.
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July 25, 2022
12:00 p.m. - 1:00 p.m. EST
Presenters: Barbara Fox and Bretton Albrecht
This presentation aims to educate and assist claims professionals in in the most recent cases which affect their handling of claims.
For more infomation, or to register please contact info@kubickidraper.com.
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June 29, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's Appellate and Coverage Practice Group
Presenters: Caryn Bellus and Sharon Degnan
This presentation will provide both in-house counsel and claims representatives guidance on legal issues which must be raised during the trial level proceedings in order to ensure preservation for appeal.
For more information, or to register please contact info@kubickidraper.com.
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June 28, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's First Party Property Practice Group
Presenters: Caryn Bellus, Tera Radigan, Katherine Moon, Jacqueline Bertelsen
Learn all about the basics of auto glass litigation, as well as the tactics and motivation underlying these claims. Our team will help you understand how to navigate the litigation process, posture cases to create binding law, and mitigate or avoid exposure to attorneys’ fees.
For more information, or to register please contact info@kubickidraper.com.
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June 22, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's Hospitality, Retail, and Premises Liability Practice Group
Presenters: Maegan Bridwell and Katherine Kmiec
This presentation will address the status of marijuana law and legislation in Florida, how marijuana factors in to personal injury claims and investigation, defense and strategy considerations when evaluating liability and damages.
For more information, or to register please contact info@kubickidraper.com.
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June 14, 2022

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June 7, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's PIP / SIU Practice Group
Presenters: Michael Clarke, Samantha Joseph, Teodora Siderova, Christos Pavlidis
This course will review the requirements of § 627.736(10), Fla. Stat., and obtaining summary judgment.
For more information, or to register please contact info@kubickidraper.com.
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June 1, 2022
12:00 p.m. - 1:00 p.m. EST
Presented by KD's Construction Practice Group
Presenters: Pedro Lopez and Harold Saul
This course will cover workers’ compensation immunity defenses available under Chapter 400 of the Florida Statues. Our team will discuss the differences between “vertical” and “horizontal” immunity, as well as cover common construction site injury scenarios giving rise to immunity defenses. The presentation will provide guidance as to how to put your insured in the best position to defend these claims.
For more information, or to register please contact info@kubickidraper.com.
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June 1, 2022

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May 20, 2022
12:00 p.m. - 1:00 p.m. EST
Presenters: Blake Fiery, Barbara Fox, Jennifer Remy-Estorino
This presentation will explore strategies for handling multiple claimant accidents and resolving all claims against insureds, even in low-limit situations. The course will offer a brief recap of current law in Florida with respect to an insurer’s obligations to its insured, as well as address pitfalls to avoid including: conflicting demands, affidavit requests, statement requests and other requests from counsel. Through hypothetical scenarios and real-life examples, the presenters will show attendees how to navigate these claims to keep everyone happy.
For more information, or to register please contact info@kubickidraper.com.
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May 18, 2022
10:00 a.m. - 2:00 p.m. EST
Presenters: Martin Blaya, Barbara Fox, Kenneth Oliver
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.
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May 10, 2022
11:00 a.m. - 12:00 p.m. EST
Presenters: Peter Baumberger and Bryan Krasinski
This presentation will explore how to strategically maximize opportunities for early case resolution in Construction related cases and to effectively defend Construction cases. The presenters will share real life examples of tactics that can assist in resolving cases early, and also share some experiences where attempts at early case resolution was ultimately counterproductive.
For more information, or to register please contact info@kubickidraper.com.
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April 20, 2022
12:00 p.m. - 1:00 p.m. EST
Presenters: Jason Friedman, Jacqueline Bertelsen, Jared Brownfield
By now, we have all seen electronic scooters in our communities, and it looks like they are here to stay. This presentation will review the numerous issues scooter riders and scooter rental companies face in litigation, including: issues related to insurance coverage, liability, and potential risk transfer. The course will also provide several ways to best protect your client when litigating scooter claims.
For more information, or to register contact info@kubickidraper.com.
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April 8, 2022

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April 6, 2022
10:00 a.m. - 2:00 p.m. EST
Presenters: Charles Watkins, Anthony Atala, Lisa Truckenbrod, Toni Turocy
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 contact info@kubickidraper.com.
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February 23, 2022
12:00 p.m. - 1:00 p.m. EST
Presenters: Sam Itayim, Rebecca Kay, Nicholas Young
This course will review the various tools and the proper procedures used to recover fees and costs when a plaintiff dismisses a case -- including motions to tax costs, motions for sanctions, and proposals for settlement.
For more information, or to register contact info@kubickidraper.com.
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July 18, 2022
June 24, 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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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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December 3, 2021
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- KD in the Community
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November 17, 2020
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July 13, 2022
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June 2, 2022
Kara and Michael successfully argued to the jury that payment should never have been made in the first place, as the loss was not accidental based on the insured’s prior claim history and because a billboard was the impetus for the lawsuit, not a physical loss. The insured had four (4) prior claims that depicted the property’s general unkempt condition over a span of 10 years, and photographs of the unrelated claims depicted two (2) prior PVC plumbing re-routes in the kitchen and laundry room. The insured reported all four (4) prior claims immediately, and the claim in dispute was reported three (3) months late. Critically, the insured admitted he saw billboard advertisements for cast iron pipes prior to the loss and actually changed the date of loss on the stand when Michael confirmed with him that he was a government employee who would not have been working on November 22, 2018, as he swore to, because November 22, 2018 was Thanksgiving when federal employees do not work. Kara and Michael took the position that the insured knew or should have known that plumbing overflows were imminent at the property based on the prior PVC re-routes and that the insured should have expected losses like this to occur with the remaining cast iron pipe lines at the house. They also argued that the reason why the loss was not timely reported, like all of the other losses, was because the billboard advertisement was the impetus to the lawsuit, not an accidental loss on a date the insured recanted on the stand. The jury was out for just over an hour and came back with a complete defense verdict, and a proposal for settlement was filed more than two (2) years before trial, which should allow for recovery of defense fees and costs.

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June 2, 2022
Kara and Michael successfully argued to the jury that payment should never have been made in the first place, as the loss was not accidental based on the insured’s prior claim history and because a billboard was the impetus for the lawsuit, not a physical loss. The insured had four (4) prior claims that depicted the property’s general unkempt condition over a span of 10 years, and photographs of the unrelated claims depicted two (2) prior PVC plumbing re-routes in the kitchen and laundry room. The insured reported all four (4) prior claims immediately, and the claim in dispute was reported three (3) months late. Critically, the insured admitted he saw billboard advertisements for cast iron pipes prior to the loss and actually changed the date of loss on the stand when Michael confirmed with him that he was a government employee who would not have been working on November 22, 2018, as he swore to, because November 22, 2018 was Thanksgiving when federal employees do not work. Kara and Michael took the position that the insured knew or should have known that plumbing overflows were imminent at the property based on the prior PVC re-routes and that the insured should have expected losses like this to occur with the remaining cast iron pipe lines at the house. They also argued that the reason why the loss was not timely reported, like all of the other losses, was because the billboard advertisement was the impetus to the lawsuit, not an accidental loss on a date the insured recanted on the stand. The jury was out for just over an hour and came back with a complete defense verdict, and a proposal for settlement was filed more than two (2) years before trial, which should allow for recovery of defense fees and costs.
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May 3, 2022
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March 4, 2022
Applying this rule, the court held that a PFS is made in good faith when the offeror had a reasonable foundation to make the offer with an intent to settle. Progressive had relied on a nearly factually-identical case from the Second District to make the nominal offer in its evaluation of its contractual exposure and, therefore, acted in good faith, As a result, the court held Progressive’s PFS should be enforced.
The takeaway: Binding precedent from district courts is just that: BINDING! And, whether the Florida Supreme Court or another court of appeal may eventually weigh in on the issue, it does not make the existing binding law any less binding. Read more here.
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August 2, 2021
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May 18, 2021
This is the second of two winning appellate decisions in Pelecki v. Federated National Insurance Company, 5D19-3702 (Fla. 5th DCA May 14, 2021).
In the first, the homeowner, Andrea Pelecki, appealed a $0 final judgment in favor of her insurer, which arose from a jury verdict in her favor for $15,000 less a setoff of $30,000 for insurer’s prior settlement with plaintiff’s husband.
In this second appeal, Andrea challenged a judgment of $126,047.14 for the insurer’s trial attorney’s fees and costs based on her rejection of the insurer’s $5,000 proposal for settlement to her. The Fifth District affirmed the award of fees and costs, except for a small award of costs for an expert who did not testify at trial.
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May 12, 2021
Tell me about it:
• Plaintiff claimed the security guard injured him in the course of forcibly removing him from the building.
• Various grounds were raised by summary judgment motion on behalf of Akerman including that Plaintiff’s claims based on the building security guard’s conduct in escorting him off the premises were barred by virtue of the jury’s verdict in a related federal action filed by Plaintiff against the security guard’s employer and that the guard was not Akerman’s employee.
• Rejected as unpreserved Plaintiff’s various arguments claiming the trial court erred by not granting him a continuance of the summary judgment hearing.
• Concluded that Plaintiff’s challenge to the eight partial summary judgments on his damages claims were “rendered moot” by the affirmance of the final summary judgment on liability for Akerman.
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April 5, 2021
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April 5, 2021
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April 5, 2021
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April 5, 2021
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April 5, 2021
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April 5, 2021
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April 5, 2021
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April 5, 2021
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November 18, 2020
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November 18, 2020
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November 18, 2020
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November 18, 2020
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