Congratulations to Nicole Ellis, of our Miami office, on being recognized as The Top 100 in Florida by The National Black Lawyers. The National Black Lawyers Top 100 is an elite network of legal experts. The organization selects highly successful and influential lawyers with reputations for providing excellent legal representation in their respective practice areas. For more information, please click here.



Continue...

Jonathan Aihie was selected for inclusion in The National Black Lawyers Top 40 Under 40 attorney list. This organization is by invitation only and selects only 40 attorneys in each state who have demonstrated excellence and have achieved outstanding results in their careers. To learn more, click here.




Continue...

UPDATED INFORMATION FOR FLORIDA COURTS

STATE COURTS

IN RE: COVID-19 PUBLIC HEALTH AND SAFETY PRECAUTIONS FOR PHASE 2, No. AOSC20-32 (05/21/2020)

[https://www.floridasupremecourt.org/content/download/636079/7226723/AOSC20-32.pdf]

• Phase 2 expansion

• Phase 2 - limited in-person contact will be authorized in courts and court proceedings, but protective measures still will be required
• Transition to Phase 2 when each trial and appeals court has:
  • Met five benchmark criteria: (a) no COVID-19 cases in the courthouse within 14 days or the use of deep cleaning if such cases have occurred; (b) local and state restrictive orders permit the activity; (c) the community shows at least 14 days of improvements in case reporting; (d) adequate testing programs are in place; and (e) other building occupants and justice system partners have been consulted.
  • Developed an operational plan addressing implementation of the COVID-19 Workgroup’s report. The plan must be updated regularly to reflect advancements in best practices.

• 5/21/2020 Amendment to SCAO20-23 to include Phase 2 language [https://www.floridasupremecourt.org/content/download/633282/7195631/AOSC20-23.pdf]

• Creation of pilot program for remote civil jury trials [https://www.floridasupremecourt.org/content/download/636078/7226716/AOSC20-31.pdf]
  • Statewide COVID-19 Workgroup will develop requirements and will select up to five Florida trial circuits to participate in the pilot.
  • Only for civil, non-criminal cases and all parties must consent to participate in the pilot

04/21/2020 AOSC20-28: Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19

[https://www.floridasupremecourt.org/content/download/634099/7204903/AOSC20-28.pdf]
 

• Workgroup established to develop findings and recommendations for the following pandemic phases:

(a) in-person contact is inadvisable, court facilities are effectively closed to the public, and in-person proceedings are rare;
(b) limited in-person contact is authorized for certain purposes and/or requires use of protective measures;
(c) in-person contact is more broadly authorized and protective measures are relaxed; and
(d) COVID-19 no longer presents a significant risk to public health and safety.

• Workgroup directed to:

(1) Examine proceedings that have been delayed;
(2) Identify and propose solutions for legal issues, implementation challenges, and cost issues associated with the use of remote technology;
(3) Propose guidance for protective measures;
(4) Recommend priorities in which proceedings should be resumed;
(5) Identify metrics to monitor case backlogs and performance;
(6) Identify whether certain proceedings could continue to be conducted remotely after COVID-19

A Message from Chief Justice
[https://youtu.be/l6BQnv1w9Bw]
04/06/2020 AOSC20-23:
[https://www.floridasupremecourt.org/content/download/633282/7195631/AOSC20-23.pdf]
[https://www.floridasupremecourt.org/Emergency]

FLORIDA SUPREME COURT

https://www.floridasupremecourt.org/content/download/633282/7195631/AOSC20-23.pdf

https://www.floridasupremecourt.org/News-Media/Court-News/Chief-Justice-issues-emergency-order-expanding-remote-hearings-and-suspending-jury-trials-into-early-July-statewide

• This order extends, refines, and strengthens previously enacted temporary remedial measures. The measures shall remain in effect until the close of business on May 29, 2020, unless a different end date is indicated herein or as provided by subsequent order.
• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 2, 2020.
• All time periods involving the speedy trial procedure in criminal and juvenile court proceedings shall remain suspended through the close of business on Monday, July 6, 2020 This suspension shall be applied in the manner described in Sullivan v. State, 913 So. 2d 762 (Fla. 5th DCA 2005), and State v. Hernandez, 617 So. 2d 1103 (Fla. 3rd DCA 1993)
• Persons arrested for first degree murder, all time periods under Florida Rules of Criminal Procedure 3.133(b) and 3.134 shall remain suspended through July 2, 2020
• All time periods involving the speedy trial procedure in noncriminal traffic infraction court proceedings remain suspended.
• For first-degree murder cases, the new order suspends until July 2 some requirements for in-person preliminary hearings and a requirement that defendants be automatically released from custody if prosecutors are unable to file charges within 40 days.
• AOSC20-13, AOSC20-15, AOSC20-16, AND aosc20-23 in effect until May 29, 2020.

In addition to work already required under an April 6 order, It is hereby ordered that each of the above-listed proceedings shall be conducted using telephonic or other electronic means available in the subject jurisdiction:

Administering of Oaths

• Notaries and other persons qualified to administer an oath in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness.
• If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology by a person qualified to administer an oath in the State of Florida.
• Notaries and other persons qualified to administer an oath in the State of Florida may swear in new attorneys to The Florida Bar remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the new attorney.
• Florida Supreme Court will hold oral arguments using remote video teleconference on May 6, 2020 starting at 9 pm.

June Oral Arguments to be held remotely:

Tuesday, June 2, 2020

• Ham v. Portfolio Recovery, SC18-2124
• Foxhall v. Portfolio Recovery, SC18-2143
• Craft v. State, SC19-953
• Okafor v. State, SC20-323
• Jackson v. State, SC20-257

Wednesday, June 3, 2020

• Peoples Gas System v. Posen Construction, SC19-1305
• Furst v. Defrances, SC19-701
• Woodbury v. State, SC19-8
• Simpson v. State, SC18-1238
• Simpson v. Inch, SC19-700

Thursday, June 4, 2020

• In re: Amendments to Rules Regulating The Florida Bar 2.3.2(b), SC19-1335
• Alcegaire v. State, SC19-428
• Brown v. State, SC19-704
• Brown v. Inch, SC19-1419

Order on self-quarantine for personal travel by court employees https://www.floridasupremecourt.org/content/download/631812/7179466/AOSC20-14.pdf

INTERMEDIATE APPELLATE COURTS

FIRST DISTRICT COURT OF APPEAL

• May oral arguments conducted on zoom video platform.  The resulting video and audio will be available to the public on the court’s website at https://www.1dca.org/
• Following Florida Supreme Court directives.

SECOND DISTRICT COURT OF APPEAL

• The Second DCA will be conducting oral arguments remotely beginning in May.

THIRD DISTRICT COURT OF APPEAL

• June oral arguments conducted on zoom video platform.
• Members of the public can continue to access the live stream of the court’s oral argument at:  https://www.3dca.flcourts.org/Oral-Arguments/Video-Oral-Argument-Live
• July oral arguments and beyond are tentatively scheduled to be heard at the 3rd DCA Courthouse.  However, depending on developments, those arguments may be held remotely using zoom video platform.
• COURTHOUSE REMAINS TEMPORARILY CLOSED TO THE PUBLIC.

FOURTH DISTRICT COURT OF APPEAL

• The Court’s in-person oral argument sessions scheduled through Thursday, May 21st have been canceled.
• Oral arguments which will be conducted by audio or video conference will be streamed for the public on the Court’s website.

FIFTH DISTRICT COURT OR APPEAL

• Oral arguments through April 2020 will be posted or rescheduled.  Panel assigned will determine whether to reschedule or decide the case without oral arguments.
• Oral arguments for May will be held using zoom.  Attorneys of record will receive notice once the May calendar is finalized.   

CIRCUIT AND COUNTY COURTS

FIRST JUDICIAL CIRCUIT

• All dates extended to May 29, 2020.
• All hearings in family, child support, county civil, circuit civil, probate, civil traffic, or any other proceeding not deemed mission critical under this order shall be rescheduled, postponed, or cancelled unless such proceedings can be effectively conducted remotely using telephonic or other electronic means, at the discretion of the presiding judge.  In-person appearances for non-mission critical hearings as described above shall not be permitted.

SECOND JUDICIAL CIRCUIT

• Supreme Court issued “Best Practices” guidelines on May 11, 2020, that were developed by a statewide COVID-19 Workgroup to help people navigate new remote procedures used by state courts in the coronavirus pandemic
• Court will reschedule proceedings or arrange for remote capabilities
• Mediation may be conducted by video conference or telephone when possible.
• Following Florida Supreme Court directives

THIRD JUDICIAL CIRCUIT

• Non-essential proceedings to be held remotely, if possible.
• Jury trials suspended.

FOURTH JUDICIAL CIRCUIT

• All civil and criminal jury trials, juror qualifications, and grand jury proceedings in Nassau County shall be suspended through Thursday, July 2, 2020.
• Hearings shall be conducted either by telephonic means or video conference utilizing the Zoom Application or Skype.

FIFTH JUDICIAL CIRCUIT

• Non-essential hearings to be conducted electronically.
• Following Florida Supreme Court directives.

SIXTH JUDICIAL CIRCUIT

• Following Florida Supreme Court directives.
• Extends the suspension of all criminal and civil jury trials, among other proceedings, from May 29 through July 2, 2020.
• Extended the suspension of all time period involving the speedy trial procedure from June 1 through July 6 for all criminal and juvenile court proceedings.

SEVENTH JUDICIAL CIRCUIT

http://www.circuit7.org/Circuit%20Judges/sjclosures.pdf

• Mission critical proceedings will take place remotely.
• Any hearings deemed necessary by the presiding judge will be conducted remotely.
• Following Florida Supreme Court directives

EIGHTH JUDICIAL CIRCUIT

https://circuit8.org/covid-19/

• Following Florida Supreme Court directives. 
• Extends the current suspension of jury trials in Florida until July 2, 2020.
• For first-degree murder cases, the new order suspends until July 2 some requirements for in-person preliminary hearings and a requirement that defendants be automatically released from custody if prosecutors are unable to file charges within 40 days.

https://circuit8.org/wp-content/uploads/11.31-Extension-of-Foreclosure-and-Evictions.pdf

• EXTENSION OF ADMINISTRATIVE ORDER 11.29, SUSPENSION OF CERTAIN EVICTION AND MORTGAGE FORECLOSURE ACTIONS

NINTH JUDICIAL CIRCUIT

• Following Florida Supreme Court directives. 
• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 2, 2020.

TENTH JUDICIAL CIRCUIT

• Following Florida Supreme Court directives. 
• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 2, 2020.

ELEVENTH JUDICIAL CIRCUIT

https://www.jud11.flcourts.org/Court-Announcements/ArtMID/584/ArticleID/3456/COVID-19-Advisory-15-Administrative-Orders-20-08-AND-20-08-A1-Extend-Postponement-of-Non-Mission-Critical-Court-Proceedings-with-Exceptions-through-May-29-and-Extend-Time-Periods-through-June-1

https://www.jud11.flcourts.org/coronavirus

• 
NON-EMERGENCY COURT PROCEEDINGS MAY BE HEARD IF THEY CAN BE CONDUCTED REMOTELY via telephone or video technology.
• These court matters include non-jury trials, evidentiary hearings and hearings specially set for a specific date and time, and hearings scheduled in groups on court calendars such as motion calendars, pretrial motion calendars, uncontested divorce calendars, and case management conferences.

 

 

1. Time Deadlines that Become Due Prior to Close of Business on April 20, 2020
Any time deadlines that become due prior to close of business on Monday, April 20, 2020, shall be further extended and will become due on June 1, 2020, unless the presiding judge has established a different deadline by Court Order issued after March 17, 2020. Any party may request a different time deadline by filing the appropriate motion with the presiding judge.
2. Time Deadlines that Become Due After Close of Business on April 20, 2020 through Close of Business June 1, 2020
Any time deadlines that become due after close of business on Monday, April 20, 2020, through close of business Monday, June 1, 2020, shall be extended and become due on June 1, 2020, unless the presiding judge has established a different deadline by Court Order issued after March 17, 2020. Any party may request a different time deadline by filing the appropriate motion with the presiding judge.
3. Time Deadlines that Become Due After Close of Business on June 1, 2020
Any time deadlines that become due after close of business on Monday, June 1, 2020, shall remain due on those dates as set forth by judicial order, rule or applicable statute. However, if the Florida Supreme Court issues an additional Administrative Order further extending the suspension of time deadlines, the new time deadline will be the last day of the suspension set forth in the Florida Supreme Court Administrative Order, unless the presiding judge has issued a different time deadline via Court Order.

COVID-19 Advisory #18: Administrative Order 20-10 Establishes Procedures for Filing of Residential Eviction Cases under Federal CARES Act

https://www.jud11.flcourts.org/docs/1-20-10%20EVICTIONS%20UNDER%20THE%20CORONAVIRUS%20AID,%20RELIEF,%20AND%20ECONOMIC%20SECURITY%20ACT%20(THE%20CARES%20ACT%20)-CONFORMED.pdf

Florida Supreme Court Issues Best Practices Guidelines Developed by COVID-19 Workgroup to help individuals navigate new virtual or remote court proceedings established by Florida’s state courts.  The Best Practices Guidelines cover the following topics:

https://www.floridasupremecourt.org/content/download/635269/7217957/05-11-2020-Best-Practices-Guidelines.pdf

Miami-Dade Courts Announce New Text Message Hearing Alerts for Circuit and County Civil, Probate and Family Cases

https://www.jud11.flcourts.org/Court-Announcements/ArtMID/584/ArticleID/3477/Miami-Dade-Courts-Announce-New-Text-Message-Hearing-Alerts-for-Circuit-and-County-Civil-Probate-and-Family-Cases

https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/Hearing-Text-Alerts


Zoom Webinar on Wed., May 20th: Learn How to Sign Up for Text Message Hearing Alerts on courtMAP!
https://zoom.us/j/98834677054?pwd=N05mTHVKSWFqSWVmMURTSVJqdGFFdz09
Webinar ID: 988 3467 7054
Password: 421557
 
Or Phone one-tap: 
US: 7866351003

TWELFTH JUDICIAL CIRCUIT

• Certain hearings are being held in the judicial centers, the courts are holding most other hearings remotely using video conferencing and/or teleconferencing software. Please check the specific division or the Zoom page for more information, or contact the judge's office to check on your hearing status.
• Suspend all non-essential or non-critical programs and services through July 2, 2020.
• Suspending all jury trials through July 2, 2020.
• Following Florida Supreme Court Directive.

FORECLOSURES, EVICTIONS ON HOLD THROUGH JUNE 2

https://www.jud12.flcourts.org/Portals/0/AdminOrders/Section01/2020-11.1.pdf?ver=2020-04-15-091920-943

THIRTEENTH JUDICIAL CIRCUIT

• All petit jury selection proceedings and criminal and civil jury trials are suspended until further notice or order of the chief judge.
• Small Claims and County Civil Cases All matters in cases filed in the County Civil Division may be conducted by (a) teleconferencing;  (b) audiovisual conferencing;  (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods, except for residential eviction cases based solely on non-payment of rent and except for any mortgage foreclosure cases both of which have been temporarily stayed by the governor.
• All matters in cases filed in the Circuit Civil Division may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; 8 or (d) a combination of these methods, except for any residential eviction cases based solely on non-payment of rent and except for mortgage foreclosure cases both of which have been temporarily stayed by the governor.
• Mediation may be conducted as long as all participants are physically able to maintain at least a 6-foot social distance from each other at all times or the mediation session is conducted by teleconferencing or audiovisual conferencing.

FOURTEENTH JUDICIAL CIRCUIT

• Proceedings to be conducted telephonically.
• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 2, 2020.
• Following Florida Supreme Court directives.

FIFTEENTH JUDICIAL CIRCUIT

https://www.15thcircuit.com/sites/default/files/administrative-orders/12.510.pdf

• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials were suspended beginning Monday March 16, 2020 and will remain suspended until May 29, 2020 or as further ordered by the Florida Supreme Court.
• Essential court proceedings shall not be held remotely unless specifically approved by the Chief Judge and only if it has been determined that they can be effectively held using the 3 technology available to the Circuit.
• All non-essential proceedings will be held remotely. 

SIXTEENTH JUDICIAL CIRCUIT

[https://0201.nccdn.net/1_2/000/000/0e4/8c2/Emergency-Directive-20-03-8th-Amended-Exhibit-A.pdf]

• Non-residents can demonstrate that they have legitimate business in the Florida Keys portion of Monroe County now by providing documentation demonstrating Court business such as a hearing notice, deposition notice, subpoena, Florida Bar card or similar credential from another state.

https://0201.nccdn.net/1_2/000/000/08c/7bf/Administrative-Order-Supreme-Court-20-23.pdf

• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials were suspended beginning Monday March 16, 2020 and will remain suspended until May 29, 2020 or as further ordered by the Florida Supreme Court.
• Only mission critical matters to be heard.
• All other hearing postponed to be rescheduled by parties or Court.
• Where available, technological  means of communication to be used.

SEVENTEENTH JUDICIAL CIRCUIT

• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 2, 2020.
• All non-essential court proceedings, including non-essential dependency and delinquency, should only be held via communication equipment. Proceedings including mediation, should not be cancelled and every attempt to continue court operation in these divisions should be made.
• Following Florida Supreme Court directives.

17th Judicial Circuit Virtual Jury Trial Initiative: Mock Jury Zoom http://www.17th.flcourts.org/2020/05/18/17th-judicial-circuit-virtual-jury-trial-initiative/

EIGHTEENTH JUDICIAL CIRCUIT

• The courts of Brevard County and Seminole County are open on a limited basis through May 29, 2020 in compliance with COVID-19 guidelines.
• Adhering to Florida Supreme Court directives.

NINETEENTH JUDICIAL CIRCUIT

• Administrative Order 2020-07:  COVID-19 REOPENING PROCEDURES – FIRST PROTOCOLS

• Effective May 29, 2020, the following protocols shall be observed in all courthouses in the 19th Judicial Circuit.  However, Judges are directed to continue to maximize remote work by zoom or other electronic means to reduce risks of exposure to COVID-19 to all persons involved in court proceedings after May 30, 2020.
• Jury Trials are suspended until further order from the court.
    

TWENTIETH JUDICIAL CIRCUIT

• The 20th Judicial Circuit Courthouses remain open, however please do not visit any of our courthouses unless you are there for official court business. Attorneys, parties and witnesses with upcoming trials or hearings are advised to contact the appropriate judicial office with any questions. Please see AO 2.39 for more about how proceedings are being conducted. All criminal and civil jury trials are to remain suspended through July 2, 2020.
• Handling of critical and essential court proceedings when possible will be held remotely.
• Non-essential and non-critical court proceedings will be held remotely.
   

FEDERAL COURTS

SUPREME COURT OF THE UNITED STATES 

04
Continue...

The legal and insurance industries are not immune to the effects of the rapidly spreading Covid-19 virus.

Coronavirus-related claims are already being made and undoubtedly, will lead to more litigation. Kubicki Draper has combined resources from every area of practice to help navigate the many legal challenges the virus has unleashed.

From business interruption, to construction, retail and hospitality claims, our Covid-19 Client Response Team is leading the charge and actively monitoring filings around the country to develop strategic resolution plans for the unique challenges the virus-related claims present. Our team can assist with:

• first and third party claims
• evaluating policies including
  • CGL
  • business interruption
  • event cancellation
  • ingress and egress
  • professional liability
  • supply chain
  • crisis management
  • marine and civil authority coverage
  • builder’s risk
• interpretation of policy language, including whether damage to property exists, the application of virus, pollution, pandemic and bacteria exclusions
• evaluating the impact of government closures and attempts by states to legislate coverage 

We are prepared to analyze your issues from every angle to ensure a comprehensive approach to this evolving area of the law.

For more information, please contact us: info@kubickidraper.com.
 

Continue...

As many of us have experienced, devastating storms can quickly make land fall leaving residents little time to prepare. With all signs pointing to a more active season than usual and Coronavirus still affecting the way we live, the key will be to prepare early. Below is a list of tips and links we hope you will find helpful in your planning and preparations.

• Build an emergency kit
• Know your zone so you know when to evacuate, if necessary
• Plan your evacuation route
• Take inventory of your personal property and review your insurance policies
• Take steps to protect your home and business
• Hurricane Safety Tips and Resources from the National Weather Service

If you are an insurance adjuster, remember to check your license transcript and ensure you have met all of your CE requirements, so your license is in good standing and is active. If you need credits, we have several webinars coming up. We are also happy to schedule a private complimentary webinar for you and your team. Please do not hesitate to contact us at info@kubickidraper.com.





Continue...

We are happy to announce that Laurie J. Adams, Caryn L. Bellus, Angela C. Flowers, Betsy E. Gallagher, and Jane Carlene Rankin were selected for inclusion in the 2020 Best Lawyers® “Women in the Law,” Spring Business Edition.

We congratulate them for all of their hard work and dedication to their practice!

ABOUT BEST LAWYERS
Best Lawyers is the oldest and most respected attorney ranking service in the world. For more than 30 years, Best Lawyers has assisted those in need of legal services to identify the attorneys best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.

Best Lawyers® - Methodology



Continue...

Stuart Poage, of our Tallahassee office, is available for telephonic mediations throughout Florida. To schedule, please contact Stuart at (850) 521-8530 or by e-mail at sp@kubickidraper.com.

Certified Florida Circuit Civil Mediator
Florida Supreme Court-Approved Arbitrator
Panelist - American Arbitration Association National Roster of Arbitrators
Construction Arbitration Panel Member, American Arbitration Association
  

Continue...

In the wake of the emergence of the Coronavirus, our firm wants to assure our clients that we have contingency plans in place to ensure operations continue and client services are not impacted.

The Kubicki Draper team will remain fully accessible and responsive to all client needs. Although trials are suspended in Florida for two weeks, we are working to secure permission for video/phone appearances for court hearings, depositions and mediations, when necessary.
 
We extend our sincere appreciation for your partnership, and thank you for your support and patience as we navigate this together.

For more information and/or questions, we are here for you. Please contact us at info@kubickidraper.com.



Continue...

House Bill 7071 and Florida Senate Bill 914 provides that for certain attorney fees awarded for claims arising under property insurance policies, a strong presumption is created that a lodestar fee is sufficient and reasonable, providing that such presumption may be rebutted only under certain circumstances. 

A “lodestar fee” is the amount of attorney’s fees calculated by an attorney’s reasonable hourly rate and the amount of reasonable hours spent by the attorney. This bill may allow for a contingency fee multiplier to be applied to increase the fees ultimately awarded only when certain factors are present.

On March 5, 2020, the House approved the Bill. It is now pending before the Senate. If the Bill passes, it will become effective on July 1, 2020. Kubicki Draper is monitoring the Bill’s progress and will update you on important developments. 

 

 

 

Continue...

The Third District Court of Appeal holds Florida's PIP statute prevents reimbursement of services performed by a licensed massage therapist that are not “massage” as defined by §480.033(3), Fla. Stat. Geico General Ins. Co. v. Beacon Health Care Ctr. Inc., 2020 WL 912938 (Fla. 3d DCA Feb. 26, 2020). 

Want to know more? Contact Caryn Bellus.


Continue...

We have partnered with ATI and SDII to present everything you need to know about litigating, mitigating and investigating water losses in this 3-part series.

May 4, 2020
Water Mitigation Defense Strategies Presented by Kubicki Draper
Jarred Dichek, Michael Balducci and Jessica Murray

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 105714

May 6, 2020
Evaluating Water Loss Mitigation Invoices
Presented by ATI

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 368339/Course ID: 104042

May 8, 2020
Cast Iron Pipes: Why All the Hype
Presented by SDII

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 364236/Course ID: 111381

For more information, or to register please e-mail info@kubickidraper.com.


Continue...

May 14, 2020

A discussion of insurance coverage principles: Might courts find the Coronavirus Pandemic a covered event?

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112471

For more information, or to register please e-mail info@kubickidraper.com.


Continue...

May 19, 2020

A discussion about coding and future litigation. Learn about Plaintiffs' new theories, developing case law, and defense strategies.

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112619

For more information, or to register please e-mail info@kubickidraper.com.





Continue...

May 20, 2020

Learn how associations and builders are utilizing the substantial factor theory in construction defect claims and learn ways to recognize the theory and oppose it.


This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112697

For more information, or to register please e-mail info@kubickidraper.com.



Continue...

June 16, 2020

This presentation aims to educate and assist claims professionals in their evaluation of coverage for various construction defect claims, given the current status of the law.

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112517

For more information, or to register please e-mail info@kubickidraper.com.



Continue...

July 17, 2020

Learn about the importance of ensuring an electronic discovery protocol is effectively implemented in construction cases.


This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112566

For more information, or to register please e-mail info@kubickidraper.com.



Continue...

August 21, 2020

Learn about the potential impact of allocations in settlement agreements prior to trial in complex multi-party cases.


This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: TBD

For more information, or to register please e-mail info@kubickidraper.com.



Continue...

Save the date to join Kubicki Draper for an all-day Construction Conference in Tampa, Florida!

The complimentary event is designed to provide claims professionals with valuable information that will assist them in their claims handling and management. The program will begin at 8 am and will include lunch. Guests are invited to stay for a cocktail reception immediately following the seminar.

Registration and Florida CE/CLE information to follow.

To ensure you are on the mailing list for additional information, please e-mail: construction@kubickidraper.com.



Continue...

Laurie Adams and her son, Ryan, team captains for “Ryan’s Raiders,” helped raise over $9,000. These funds will help JDRF continue their search for a cure and for better ways to help make living with Type 1 Diabetes safer and healthier. For more information, or to donate, please visit JDRF.




Continue...

Shirlarian Williams, of our Ft. Myers office, recently participated in Franklin Park Elementary School’s Annual Black History Read-In. She read a book to a kindergarten classroom and talked to the class about being a lawyer.



Continue...

IN THIS ISSUE:

• Spotlight on: David M. Drahos
• Parents of Kubicki Draper: Importance of Self-Care During Covid-19
• Covid-19 Claims Will Be Contagious: What’s to Come
• Litigating in Troubled Times: Technology Tips to Take a Top EUO
• Women in the Law
• The Impact of COVID-19 on Bad Faith Claims and Time Limit Demands
• New Additions
• Litigating in Troubled Times: The Virtual Shift of Our Industry
• The Prevalence of Opposition to Motions to Continue to Accommodate Parental Leave
• Recent Results: Appellate / Trials, Motions, Mediations
• Top Lawyers
• Presentations & Speaking Engagements
• News / Announcements

Continue...

Continue...

Continue...

Continue...

Continue...

Continue...

Continue...

Continue...

Continue...

IN THIS ISSUE:

• KD in the Community
• Florida Legislature Passes New Law Creating Right of Contribution Among Liability Insurors for Defense Costs
• KD News
• Spotlight on: Jennifer Remy-Estorino
• The GDPR: Catering to Privacy in the Hospitality Industry
• Recent Results: Appellate, Trials, Motions, Mediations
• Presentations and Speaking Engagements
• News / Announcements

Continue...

Travis J. Beal, of our Ft. Lauderdale office, won a Daubert motion and corresponding Motion in Limine in a toxic-tort case successfully excluding Plaintiffs’ expert’s causation opinions. Specifically, the court ruled that “without reliable information about the actual levels of exposure, any opinion [the neuropsychology and neurotoxicology expert] could offer linking Plaintiffs’ exposure to the products used in the renovations with particular health outcomes is unreliable and speculative.”

Continue...

Jonathan O. Aihie, of our Miami office, won the firm’s first virtual motion for summary judgment. By way of background, the insurance carrier accepted coverage in a plumbing leak case and issued payment in the amount of $10,000 for the insured’s property damage. The insured never requested any supplemental payment before filing suit, so there was no breach of contract. Thereafter, Jonathan deposed the insured who testified that it only cost $4,000 to complete the repairs. Jonathan then filed a motion for summary judgment because the insured could not prove damages to support his breach of contract lawsuit. Plaintiff’s dilatory response attached a $49,000 estimate and photographs, but the documents were unsworn, and Jonathan moved to strike them accordingly. The court declined to consider the response and granted the motion for summary judgment.

Continue...

Jill Aberbach, of our Ft. Lauderdale office, was granted final summary judgment in a consolidated case brought by the insured and the AOB. The denial was based on a no peril created opening that had been going on for way too long. Plaintiffs tried every delay tactic possible to keep the motion from being argued. At the hearing, Plaintiffs argued that summary judgment should be denied because there was a question of fact, notwithstanding she admitted that she never saw water coming through any opening after the subject storm. Further, Jill successfully argued Plaintiff’s expert was not credible since they inspected the property too long after the incident.


Continue...

Anthony Atala, of our Miami office, obtained a summary judgment for an insurance carrier in another “No Peril Created Opening” case. In this case, the carrier denied a late-reported Hurricane Irma claim for not having a covered peril based on the field adjuster’s inspection.  Plaintiff only utilized a public adjuster who opined that the roof had a covered peril due to the subject hurricane. At deposition, the public adjuster denied being an expert and that his estimate was incorrect. The judge did not consider Plaintiff’s affidavit on causation, determined that there was no evidence of a covered peril, granted summary judgment, and granted final judgment of costs. The carrier recovered over $2,000 in costs, which were paid by the insured.

Continue...

Anthony Atala, of our Miami office, obtained a dismissal in a first party property case. Plaintiff filed suit against its insurance carrier for a water loss. However, the unit was insured by the condo association and Plaintiff was an additional insured under the policy. At the hearing on the carrier’s motion to dismiss, the court ruled that Plaintiff must amend the complaint to include the condo association as an indispensable party within 14 days; otherwise, the matter would be dismissed without prejudice. Plaintiff failed to comply with the order, and the case was dismissed accordingly.

Continue...

Harold A. Saul and Kenneth “Jayme” Idle, of our Tampa and Orlando offices, respectively, successfully got their engineer client dropped in a large construction defect case. Before the engineer client was brought into the lawsuit, the case had been pending for nearly four years. The issue in this case was simple: the engineer never worked on the subject project. However, the homebuilder was adamant that the engineer was wrong and refused to drop the engineer from the case. Ultimately, Harold and Jayme were forced to serve a 21-day safe harbor letter on the homebuilder demanding it drop the claims against the engineer or face sanctions and further attached a motion for summary judgment and an affidavit from the engineer client’s president. The client was dropped from the lawsuit on the last day of the 21-day safe harbor period.

Continue...

Anthony Atala, of our Miami office, obtained a summary judgment for an insurance carrier in a “No Peril Created Opening” case where the insured reported the loss almost a year after Hurricane Irma. Anthony took the deposition of the insured who admitted that she had never been on the roof. He also took the deposition of the public adjuster who admitted to including things in the estimate that the house did not have, and he further admitted to his lack of knowledge on causation. Our client refused to hire an expert and submitted the field adjuster’s affidavit in support of the summary judgment. One week before the hearing, Plaintiff filed an affidavit of the same public adjuster with conclusions on damages, but never attributed the damages back to the Hurricane. 

Anthony moved to strike the affidavit just before the hearing arguing that it was notarized by the public adjuster’s wife who co-owns the business and has a financial interest in the company, and furthermore, the affidavit solely contained conclusory “expert” testimony without any causation opinions. The court agreed with Anthony and refused to consider the affidavit. The court further ruled that the case was over a year old, Plaintiff failed to present any evidence on causation, and granted our client’s motion for final summary. Anthony also filed a $500 proposal for settlement, which had since expired. 

Continue...

Jeremy A. Chevres, of our Miami office, and Florence R. Upton, of our Ft. Myers office, won a defense verdict in a case that has been pending for over five years and subject to appeals. The subject car accident involved a significant impact. Plaintiff’s ex-finance, a passenger in the subject vehicle, was left a paraplegic as a result of the accident. Plaintiff left her for a younger woman who he had three children with. Jeremy successfully precluded any mention of the woman’s paraplegic injuries while at trial since Plaintiff was trying to bootstrap his soft tissue claim with his ex-fiancé’s severe claim. The court also granted Jeremy’s summary judgment on Plaintiff’s claim for negligent infliction of emotional distress claim based on his ex-finance’s injuries. At trial, Jeremy masterfully cross-examined Plaintiff exposing all of his inconsistencies. Plaintiff asked the jury for $200,000 in past and future medical bills and $12 million in pain and suffering, and they returned a verdict of $25,000 in past medicals only.

Continue...

Stuart Poage, of our Tallahassee office, obtained summary judgment for an insurance carrier after two years of litigation. The case had been postured for summary judgment on a mold-testing issue since inception, but at the two preceding summary judgment hearings, Plaintiff’s counsel requested time for additional discovery, which was granted by the court. At the third hearing, Stuart won summary judgment after he convinced the judge that the policy did not cover the mold-testing company’s work because there was no indication of microbial growth before the testing was performed. A proposal for settlement was also served very early on.

Continue...

Donna Joy Hunter, of our Miami office, won a big summary judgment in a premises liability case. This case involved a slip and fall at the airport “on three puddles of thick green liquid.” Plaintiff claimed that she sustained extensive injuries as a result of the fall. She further testified that she was standing at a baggage area for 15 minutes, but never saw any cleaning people, and then turned around and fell in three puddles of unknown, green liquid. Donna was able to establish the client’s lack of constructive notice and summary judgment was granted in her client’s favor. Donna previously filed a proposal for settlement for $5,000 that was not accepted.

Continue...