Michael C. Clarke



Michael Clarke has a broad range of experience in both Florida’s trial and appellate courts. He has handled over 100 appeals in all five of Florida’s District Courts of Appeal as well as in the Supreme Court of Florida. Michael has had the privilege of presenting oral argument on his clients’ behalf in all of the District Courts of Appeal.

With a firm belief that an effective appellate advocate requires a strong background in litigation, Michael has also continued an active litigation practice in both state and federal court with a concentration in personal injury protection insurance disputes, all manner of negligence-based claims, and insurance coverage matters. Michael has also developed a reputation as a successful practitioner both in defense and in pursuit of court-ordered attorney’s fees under Florida’s fee generating statutes, particularly §§ 627.428 and 768.79, Fla. Stat. He has served as an expert on the issue of both trial court and appellate court attorney’s fees throughout Florida.

Michael also appreciates the opportunity to share his experience and expertise with both his clients and other members of the bar through his published works and frequent appearances as a guest lecturer.

Practice Areas


  • Stetson University College of Law, Gulfport, FL (J.D., 1993)
    cum laude
    Dean's List; Academic Scholarship Recipient; Stetson Law Review, Member
  • State University of New York at Plattsburg, Plattsburg, NY (B.S., Political Science)
    Dean's List


  • State of Florida, 1993
  • U.S. District Court of Appeals, 11th Circuit, 2008
  • U.S. District Court, Middle District of Florida, 1998

Professional Associations and Memberships

  • Kubicki Draper Auto Glass Practice Group, Co-Chair
  • Kubicki Draper Appellate and Coverage Practice Group, Member
  • Kubicki Draper PIP / SIU Practice Group, Member
  • Florida Bar Association, Appellate Section (2003- Present)
  • Hillsborough County Bar Association
  • Pinellas County Bar Association
  • Florida Defense Lawyers Association
  • Editorial Board, Trial Advocate Quarterly (2005-Present)
  • St. Petersburg Bar Association, Appellate Practice Section Committee

Certifications / Specialties

  • Certified Continuing Education Instructor, State of Florida

Special Awards and Recognitions

  • Recipient, "Amicus Award", Florida Defense Lawyers Association (2013)

Speaking Engagements / Presentations

  • "Don't Delay, Appeal Today! Non-Final Orders Subject to Immediate Appeal Under Florida Rule of Appellate Procedure 9.130," KD Webinar, 2024
  • "Conditions Precedent and Lack of Coverage," FIFEC, 2023
  • "An Overview of Punitive Damage Claims in Florida," Kubicki Draper Webinar, 2022
  • "How to Use EUO's Effectively: Properly Investigating Residency, Regular Use, and Other Issues," Kubicki Draper Webinar, 2022
  • "Basic Appellate Principles and Applications in Personal Injury Protection Litigation," NARS, 2022
  • "Advanced PIP Litigation," USAA, 2022
  • "How to Use EUOs Effectively: Properly Investigating Residency, Regular Use, and Other Issues," GEICO, 2022
  • "Demand Letter Defense and Obtaining Summary Judgment," Progressive, 2022
  • "Plaintiff Dismisses Your Case, Now What? - A Guide to Recovering Fees and Costs," Kubicki Draper Webinar, 2022
  • "Florida 4-Hour Law and Ethics Update," Kubicki Draper Webinar, 2022
  • "Advanced PIP Litigation," Mercury, 2021
  • "Florida Hold ‘Em Poker: Evaluating and Defending Attorney Fee Claims," Kubicki Draper, Go All In for KD’s Claim Game – First Party Property Conference, 2019
  • "Top Ten Bad Faith Pitfalls to Avoid," Progressive, 2019
  • "Cost Effective Ways of Resolving Plaintiff's Fees and Costs and Medical Coding," GEICO, 2018
  • "The Good Faith, the Bad Faith, and How to Avoid the Ugly in Claims Handling;" Mercury, 2018
  • "Material Misrepresentation; Low Limits.," Assurance America, 2016
  • “Florida 5-Hour Law & Ethics Update,” Gainsco, 2016
  • "Ethics, Property Damage, PIP Update & Alcohol/Cell Phone Dangers," Assurance America, 2015
  • "Florida 5-Hour Law & Ethics Update," Direct General, 2015
  • "Navigating the New PIP Statute & SIU Strategy," Assurance America, 2014
  • “Appellate Principles and Hot Topics Regarding PIP and the 2013 Statute," MetLife, 2014
  • “EUO/IME No Shows,” Gainsco, 2014
  • “Defending Fee Hearings,” Kubicki Draper PIP/SIU Conference, 2013
  • “Negotiating Small Limits Claims & Significant Changes to the 2013 PIP Statute,” Assurance America, 2013
  • "Considerations in Determining the Value of a Plaintiff’s Claim for Past Medical Expenses," Gainsco, 2013
  • "Desperately Seeking Summary Judgment: Strategies in Premises Liability Cases," Florida West Coast Claims Association, 2013
  • "Negotiating Small Limits Claims," Assurance America, 2013
  • "Claims Investigations Techniques and Considerations for Future Claims Handling Under Florida PIP Statute," Florida Farm Bureau, 2012
  • "Florida PIP Investigation and Defense after Custer Medical; and Significant Changes in the 2013 PIP Statute," Mercury, 2012
  • "New PIP Statute," Mendota, 2012
  • "No EUO? No Problem. Florida PIP Investigation and Defense After Custer Medical," Kubicki Draper Claims Management Conference, 2012
  • "Significant Changes in the 2013 PIP Statute," Mendota , 2012
  • "Significant Changes in the 2013 PIP Statute," United Automobile, 2012
  • "The Florida Court System, Basic Appellate Principles and Applications to Issues Frequently Arising in Personal Injury Protection Litigation," Progressive, 2012
  • "PIP Ahoy!," FCCI, 2011
  • "Florida PIP Defense," Travelers, 2011
  • "Negotiation Strategies and Ethics for the Claims Professional," Assurance America, 2011
  • "FDLA Case Law Update," Florida Defense Lawyers Association (FDLA), 2011
  • "Medical Coding – PIP," Mercury, 2011
  • "Trying Cases with Risk of an Excess Verdict," North American Risk Services, 2010
  • "Adjuster Ethics and Negotiating Strategies," Direct General, 2010
  • "Emerging Issues and Case Law Update in Florida PIP Litigation," Kubicki Draper Claims Management Conference, 2010
  • "Production of Documents from an Insurer: When to Fight and When to Surrender," The Hartford, 2009
  • "Uninsured & Underinsured Motorist Law: Case Law Update," Kubicki Draper Claims Management Conference, 2009
  • "Concepts and Tactics for Evaluating and Defending Veterinary Malpractice," Kubicki Draper Claims Management Conference, 2008
  • "PIP Hot Topics: A Guide to Florida PIP Law and Trends," Kubicki Draper Claims Management Conference, 2007

Published Works

  • Recent Florida Supreme Court Case Impact EUO’s. Kubicki Draper Quarterly, Fall, 2013
  • Annual Case Law Update. Trial Advocate Q., Vol.31, No. 1, Winter 2012
  • Practical Considerations in Defending Claims for Attorneys' Fees in PIP Cases: Making Sure the Lodestar Does Not Become a Comet. Trial Advocate Q., Vol. 28, No. 2, Spring 2009
  • Intervention: Protecting An Insurer's Interest Under Florida Rule of Civil Procedure 1.230. Trial Advocate Q., Vol. 26, No. 2, Spring, 2007
  • Recent PIP Developments. Trial Advocate Q., Vol. 25, No. 2, Spring, 2006
  • Preserving the Record for Appeal: Six Basic Steps. Trial Advocate Q., Vol. 23, No. 4, Fall, 2004
  • Overview
  • Practice Areas
  • Credentials
  • Presentations
  • Authorships



Miami Office

9100 South Dadeland Blvd., Suite 1800
Miami, FL 33156

T: 305.374.1212 F: 305.374.7846

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Key West

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

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

West Palm Beach Office

1700 Palm Beach Lakes Blvd., Suite 800
West Palm Beach, FL 33401

T: 561.640.0303 F: 561.640.0524

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Indian 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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Hernando | Hillsborough | Manatee | Pasco | Pinellas | Polk | Sarasota

Orlando Office

201 South Orange Avenue, Suite 475
Orlando, FL 32801

T: 407.245.3630 F: 407.245.7685

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Brevard | Highlands | Orange | Osceola | Seminole

Ocala Office

1396 NE 20th Avenue, #500
Ocala, FL 34470

T: 352.622.4222 F: 352.622.9122

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Alachua | Citrus | Dixie | Gilchrist | Lake | Levy | Marion | Putnam | Sumter | Volusia

Jacksonville Office

1 Independent Drive, Suite 1601
Jacksonville, FL 32202

T: 904.396.0062 F: 904.396.0380

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Baker | Bradford | Clay | Columbia | Duval | Flagler | Hamilton | Nassau | Saint Johns | Union

Pensacola Office

125 West Romana Street, Suite 550
Pensacola, FL 32502

T: 850.434.0003 F: 850.434.0223

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Escambia | Holmes | Okaloosa | Santa Rosa | Walton


Tallahassee Office

1705 Metropolitan Boulevard, Suite 202
Tallahassee, FL 32308

T: 850.222.5188 F: 850.222.5108

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Bay | Calhoun | Franklin | Gadsden | Gulf | Jackson | Jefferson | Leon | Liberty | Wakulla | Washington | Madison | Lafayette | Taylor 

Ft. Myers

Ft. Myers Office

13350 Metro Parkway, Suite 201
Fort Myers, FL 33966

T: 239.334.8403 F: 239.939.0700

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Charlotte | 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

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Baldwin | Washington | Clarke | Escambia | Covington | Geneva | Houston | Henry |  Dale | Coffee | Barbour | Pike |Crenshaw | Butler  | Monroe | Clarke | Choctaw | Wilcox | Bullock | Russell

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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.


Our team knows return clients are the life blood of any law firm and this is why we ensure client satisfaction by an exacting attention to service and quality.  Client service coupled with a spectacular work ethic, makes our team hard to beat.

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Kubicki Draper is committed to fostering an environment of equal opportunity for success and believes diversity is not only a moral imperative, but is also sound business practice.

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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.

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Kubicki Draper enjoys a national reputation for expertise in the handling of complex, high stakes litigation matters, as well as, appellate, general commercial and real estate practice.

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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.

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