October 19, 2021
Please join us in congratulating our law clerks, who recently passed the Florida Bar exam! We applaud their outstanding achievements and welcome them as our newest Associates. The future is bright!
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October 12, 2021
We are so proud to be in the top 3 of The National Law Journal’s (NLJ) Women in Law Scorecard for 2021! The scorecard ranks 350 of the largest law firms in the country by their representation of female attorneys and partners, and we are so honored to be a part of it!
We look forward to continuing our efforts in making sure ladders of opportunity remain open for everyone regardless of gender, race, ethnicity, age, sexual orientation, religion and other self-identifications. Access the NLJ scorecard here.
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September 14, 2021
In CCM Condominium Association, Inc., V. Petri Positive Pest Control, Inc., 2021 WL 4096926 (Fla. Sept. 9, 2021), the Florida Supreme Court held that post – offer prejudgment interest must be excluded from the amount of the “judgment obtained” when calculating whether a plaintiff has met the threshold amount to recover attorney’s fees pursuant to a proposal for settlement. Case available here.
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August 19, 2021
We are proud to announce the following KD attorneys have been recognized as 2022 "Best Lawyers in America," by the highly-respected Best Lawyers® peer review guide.
Peter Baumberger - Construction Law, Litigation – Construction, Mass Tort Litigation / Class Actions – Defendants
Caryn Bellus - Appellate Practice
Brad McCormick - Commercial Litigation, Personal Injury Litigation – Defendants
Charles Watkins - Litigation – Insurance, Personal Injury Litigation – Defendants
Angela Flowers - Appellate Practice
Betsy Gallagher - Appellate Practice
Laurie Adams - Personal Injury Litigation - Defendants
Michael Carney - Litigation - Insurance
Jane Rankin - Real Estate Law
Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Their belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
https://www.bestlawyers.com/methodology
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Peter Baumberger - Construction Law, Litigation – Construction, Mass Tort Litigation / Class Actions – Defendants
Caryn Bellus - Appellate Practice
Brad McCormick - Commercial Litigation, Personal Injury Litigation – Defendants
Charles Watkins - Litigation – Insurance, Personal Injury Litigation – Defendants
Angela Flowers - Appellate Practice
Betsy Gallagher - Appellate Practice
Laurie Adams - Personal Injury Litigation - Defendants
Michael Carney - Litigation - Insurance
Jane Rankin - Real Estate Law
Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Their belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
https://www.bestlawyers.com/methodology
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July 1, 2021
In Certified Priority Restoration a/a/o James Krempler v. Citizens, No. 4D21-149 (June 30, 2021), the Fourth District Court of Appeal upheld summary judgment in favor of Citizens based on the Reasonable Emergency Measures language of its policy.
Certified Priority Restoration (CPR) had executed an assignment of benefits with the insured, with a term of the assignment stating it was operating “as a direct request to (Citizens) for approval to exceed” the $3,000.00 policy limit for Reasonable Emergency Measures coverage.
This document was transmitted to Citizens as part of 18 separate documents sent by CPR, with no specific attention drawn to the provision and no attempt to formally request to exceed the $3,000.00 cap as required by the policy.
The appellate court found CPR’s “request” to be a “gotcha tactic” which is not permitted under Florida law. Therefore, Citizens was under no duty to pay CPR above and beyond the policy cap for Reasonable Emergency Measures. Read case here.
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Certified Priority Restoration (CPR) had executed an assignment of benefits with the insured, with a term of the assignment stating it was operating “as a direct request to (Citizens) for approval to exceed” the $3,000.00 policy limit for Reasonable Emergency Measures coverage.
This document was transmitted to Citizens as part of 18 separate documents sent by CPR, with no specific attention drawn to the provision and no attempt to formally request to exceed the $3,000.00 cap as required by the policy.
The appellate court found CPR’s “request” to be a “gotcha tactic” which is not permitted under Florida law. Therefore, Citizens was under no duty to pay CPR above and beyond the policy cap for Reasonable Emergency Measures. Read case here.
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July 1, 2021
We are pleased to share that we recently held a boot camp for our talented associates which concluded with an outstanding mock trial. The program directed by equity partner, Laurie Adams, of our West Palm Beach office, had over 70 participants. Our lawyers received support and training from experienced mentors to hone and perfect their craft!
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June 30, 2021
Senate Bill 54 which looked to do away with PIP and reform BI was presented (after passing the Senate and House) to Governor Desantis on June 28, 2021.
On June 29, 2021 the Governor withheld his approval and officially vetoed the bill.
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On June 29, 2021 the Governor withheld his approval and officially vetoed the bill.
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June 24, 2021
June 23, 2021
No news on the big PIP bill yet, but SB 420 passed! Here’s what you should know.
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The new law provides:
An insurer may exclude an individual for all claims and/or lawsuits arising out of operation of a motor vehicle for the following coverages:
- No-Fault
- Bodily injury
- Property damage
- Uninsured motorist
- Any other coverage which is not required by law to be purchased
In order to exclude a person:
- The named insured must identify the individual on the declaratory page and/or an endorsement (the named insured cannot be excluded)
- The named insured must consent in writing to exclude the person
- An excluded driver must establish, maintain, and show proof of financial ability to respond for damages arising out of the ownership, maintenance or use of the motor vehicle as required by Chapter 324, Fla. Stat., and maintain security as required by §627.733, Fla. Stat.
An insurer can not exclude coverage:
- For the named insured
- For an identified individual who is injured while not operating a motor vehicle
- For any person excluded solely because of race, color, religion, sex, national origin, age, or handicap
- If the exclusion is not consistent with the insurer’s underwriting filed pursuant to §627.0651(13)(a), Fla. Stat.
Section 627.736, Fla. Stat., (the PIP statute) was amended to allow this exclusion in PIP policies.
Potential issues to consider before denying coverage for an excluded individual:
- Verify the excluded person is listed on the declaratory page or on an endorsement
- Verify there is written consent from the named insured for the exclusion. This is likely going to be similar to a UM coverage rejection/selection form
- Verify proof of financial ability to respond to damages for the excluded person were in fact established and maintained
The new law takes effect July 1, 2021.
For more information and/or questions, please contact us at info@kubickidraper.com.
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June 14, 2021
Heather Eres v. Progressive Am. Ins. Co., No. 20-11006, 8:17-cv-02354-TPB-SPF (11th Cir. 2021)
- Upon being notified of an accident where plaintiff was severely injured and her son was killed, the insurer immediately tendered its policy limits to plaintiff’s attorney, who was not ready “to receive the checks.”
- The court found that the insurer remained diligent in following up regarding the tender.
- Plaintiff later communicated through new counsel a desire to accept settlement with certain conditions, including an affidavit from the tortfeasor and a release without indemnity or hold harmless language.
- The insurer complied with all demands but while the release did not have indemnity language, it contained a waiver of subrogation which plaintiff found to be overbroad and not to comply with her demand to settle.
- The settlement was never effectuated, and plaintiff recovered $10 million following a jury trial -- then filed a bad faith suit.
- The Eleventh Circuit, affirming the Middle District of Florida, found the insurer did not act in bad faith.
- With regard to the release, the Court held the totality of the circumstances, including the fact that the insurer told plaintiff’s counsel in writing that the disputed language could be stricken from the release, relieved the insurer of any bad faith liability.
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June 10, 2021
Led by Jennifer Remy-Estorino and Nicole Wulwick of our Miami office, and Jennifer L. Feld of our Tampa office, the team focuses their efforts on recruiting a diverse, highly-motivated group of law students with top academic credentials. Each law student is be paired with a mentor and given the opportunity to work alongside shareholders and associates to draft research assignments, contribute to trial preparation, observe depositions and attend mediations. The goal is to provide guidance and training that will help each student have a better understanding of the practice of law and the importance of providing clients excellent service.
Successful summer clerks will be considered for associate positions upon graduation and bar admission. This summer we welcome: Alec Ede, Tatiana Hernandez, Victoria Scotti, Keani Knight-Walker, James Cox, Wallace Stage, Erika Funderburk, Marissa Zink, Fabiola Meo, and Jordan Weinberg!
For more information about our program, please contact careers@kubickidraper.com.
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Successful summer clerks will be considered for associate positions upon graduation and bar admission. This summer we welcome: Alec Ede, Tatiana Hernandez, Victoria Scotti, Keani Knight-Walker, James Cox, Wallace Stage, Erika Funderburk, Marissa Zink, Fabiola Meo, and Jordan Weinberg!
For more information about our program, please contact careers@kubickidraper.com.
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June 7, 2021
We are pleased to announce Teresa Cummings has become a Florida Supreme Court Certified Circuit Court Mediator. Her mediation practice will focus on claims involving automotive liability, personal injury, wrongful death, construction, and contract disputes.
In addition to providing mediation services, Teresa successfully represents insurers and their policyholders in a variety of matters including: Personal Injury Protection (PIP), first party property, fraud/SIU and automobile liability. For any questions, please contact Teresa at 850.436.7313 or tfc@kubickidraper.com.
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In addition to providing mediation services, Teresa successfully represents insurers and their policyholders in a variety of matters including: Personal Injury Protection (PIP), first party property, fraud/SIU and automobile liability. For any questions, please contact Teresa at 850.436.7313 or tfc@kubickidraper.com.
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June 1, 2021
June is LGBTQ+ Pride Month, an annual global celebration to commemorate the 1969 Stonewall uprising that helped launch a movement to outlaw discriminatory laws and practices against LGBTQ+ Americans. KD stands with the LGBTQ+ community and supports and celebrates the milestones that have been reached so far and those yet to come.
In the spirit of Pride, we invite you to join us in exploring more about the celebration and its origin and in learning about organizations working to eliminate discrimination, advocate for equality and provide access to health care and social support. https://www.loc.gov/lgbt-pride-month/about/
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In the spirit of Pride, we invite you to join us in exploring more about the celebration and its origin and in learning about organizations working to eliminate discrimination, advocate for equality and provide access to health care and social support. https://www.loc.gov/lgbt-pride-month/about/
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May 28, 2021
We are so proud to share we have earned a top tier ranking on The American Lawyer’s Diversity Scorecard for 2021!
As a newcomer to the list, we are honored to have stepped in at #5 out of 200 firms surveyed nationwide. This recognition is an attestation to our commitment and belief that a diverse team is a stronger, more vibrant one. And, that we strive to foster a workplace that is dedicated to recruiting, developing and retaining diverse talent.
We look forward to continue encouraging excellence by maintaining an environment where all our employees feel empowered to do their best.
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As a newcomer to the list, we are honored to have stepped in at #5 out of 200 firms surveyed nationwide. This recognition is an attestation to our commitment and belief that a diverse team is a stronger, more vibrant one. And, that we strive to foster a workplace that is dedicated to recruiting, developing and retaining diverse talent.
We look forward to continue encouraging excellence by maintaining an environment where all our employees feel empowered to do their best.
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May 25, 2021
Kubicki Draper is proud to be RING Certified! Recognizing Inclusion for the Next Generation (RING) offers a new gold standard to identify, promote, and celebrate qualifying organizations. The organization supports diversity, equity, and inclusion by introducing a unique certification program for companies who share their commitment. To learn more about RING, click here.
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May 24, 2021
Fourth District Rejects Efforts to Introduce a Plaintiff’s Total Billed Medical Expenses When Medicare Paid a Reduced Amount
In Gulfstream Park Racing Ass’n, Inc. d/b/a Gulfstream Park Racing & Casino v. Volin, 4D19-3471, Fla. 4th DCA, May 19, 2021, the Fourth District reaffirmed its holding in Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547, 551 (Fla. 4th DCA 2003), and ordered a new trial on damages when a trial court allowed a Plaintiff to introduce the full amount billed by her medical providers instead of limiting the evidence of past medical expenses to the amounts actually paid by Medicare.
- The opinion notes the general confusion courts have when applying Florida’s collateral source rule and offers a concise explanation of Florida’s law on the subject; that this confusion is likely the result of aggressive advocacy by plaintiffs’ attorneys to chip away at Florida’s long-established principal that “the measure of compensatory damages in a tort case is limited to the actual damages sustained by the aggrieved party.” Id. at *2-3.
- Plaintiff argued that Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015), implicitly overruled a long line of case law, including Thyssenkrupp Elevator Corp., when it held that it was proper to exclude evidence of a plaintiff’s eligibility for future benefits from sources like Medicare and Medicaid.
- The Fourth District disagreed and noted that Joerg only applied to future medical expenses and did not address past medical expenses.
- The Fourth District is not the first court to reject the argument Joerg extends to evidence of past medical benefits. The Second District came to the same conclusion in Dial v. Calusa Palms Master Ass’n, Inc., 308 So. 3d 690 (Fla. 2d DCA 2020). The Fourth District agreed with the Dial decision and joined the Second District in certifying the following question of great public importance to the Florida Supreme Court:
DOES THE HOLDING IN JOERG V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 176 SO. 3D 1247 (FLA. 2015), PROHIBITING THE INTRODUCTION OF EVIDENCE OF MEDICARE BENEFITS IN A PERSONAL INJURY CASE FOR PURPOSES OF A JURY’S CONSIDERATION OF FUTURE MEDICAL EXPENSES ALSO APPLY TO PAST MEDICAL EXPENSES?
- Clarification from the Florida Supreme Court regarding the application of Florida’s collateral source rule would be a helpful tool to withstand the rigorous opposition defendants face from plaintiffs regarding evidence of past medical expenses in the lead-up to trial. In the meantime, the Fourth District’s decision offers a clear rejection of the argument that Joerg overrules the long-standing prohibition against admitting the full amount billed by medical providers when providers accepted a reduced payment from Medicare or Medicaid.
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May 17, 2021
Charles Watkins, our Chief Diversity Officer and one of our equity partners, has recently joined RING’s Advisory Board (Recognizing Inclusion for the Next Generation). RING offers a new gold standard to identify, promote, and celebrate qualifying organizations. The organization is proud to demonstrate its support of diversity, equity, and inclusion by introducing a unique certification program for companies who share its commitment. For more information, please contact Charles Watkins at cw@kubickidraper.com.
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May 6, 2021
May 9-15th is National Hurricane Preparedness Week, and as many of us have experienced, storms can approach fairly quickly leaving little to no time to adequately prepare. Experts indicate the 2021 season is expected to be an above normal season for tropical activity, so we have included some tips and helpful links to help you prepare this year.
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.
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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...
May 6, 2021
This month we pause to recognize and celebrate the contributions people of Asian and Pacific Islander descent have made in the U.S.
In consideration of the rise in hate crimes against Asian Americans, it is even more important to us to stand firmly in support of our diverse Asian, Asian American and Pacific Islander communities.
Join us in celebrating Asian American and Pacific Islander Month by exploring AAPI history, culture and accomplishments.
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In consideration of the rise in hate crimes against Asian Americans, it is even more important to us to stand firmly in support of our diverse Asian, Asian American and Pacific Islander communities.
Join us in celebrating Asian American and Pacific Islander Month by exploring AAPI history, culture and accomplishments.
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May 1, 2021
May is designated as Mental Health Awareness Month, an important reminder to recognize that mental health and prevention services are a critical part of overall wellness.
With the lingering effects of the pandemic and a shift in "returning to normal," we set out to provide our team resources for supporting mental health and well-being at work. Self-care has a great effect on our mental health, so we’ve arranged meditation services, breathing exercises and other outreach activities for our team to help improve mental, physical and spiritual well-being.
We invite you to pause and take time for yourself daily as it has been proven to reduce stress and anxiety levels while increasing self-compassion.
For helpful resources, visit: https://www.mhanational.org/ and https://www.nami.org/Get-Involved/Awareness-Events/Mental-Health-Awareness-Month
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With the lingering effects of the pandemic and a shift in "returning to normal," we set out to provide our team resources for supporting mental health and well-being at work. Self-care has a great effect on our mental health, so we’ve arranged meditation services, breathing exercises and other outreach activities for our team to help improve mental, physical and spiritual well-being.
We invite you to pause and take time for yourself daily as it has been proven to reduce stress and anxiety levels while increasing self-compassion.
For helpful resources, visit: https://www.mhanational.org/ and https://www.nami.org/Get-Involved/Awareness-Events/Mental-Health-Awareness-Month
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