Insurance Bad Faith Cases: Litigation from Start to Finish (FL)

What You Will Learn

Tender/notice of a claim

• Policyholder obligations
• Consequences of failure to timely tender
• Occurrence v. claims v. claims made and reported
• Notice prejudice
• As soon as practicable
• Choice of duty to defend – policyholder election
• What is a claim?

Insurer’s duty to investigate    

• Origins of duty to investigate
• Proper scope of duty to investigate
• Coverage investigations
• Case-specific activities and deadlines
• Communications with the insured

The insured’s duty of cooperation

Practice tips including Insured duty of cooperation

• What is prejudice sufficient to allow a defense?
• Whether failure to cooperate relieves insurer of its coverage obligations

The insurer’s duty to defend

• Does duty to defend exist?
  • Duty to defend vs. duty to indemnify
  • Duty to reimburse defense costs

• What is the scope of the duty to defend?
  • Selection of counsel for insured?
  • Direct payment of defense fees to selected counsel?
  • What sharing of information is required/permitted between insured, defense counsel and the insurer?
  • Other obligations?
  • What other attorneys’ fees and costs are “reasonable and necessary” to the defense?

• Selection of defense counsel by Insurer
  • When this occurs
  • Requirements
  • What happens if insured objects?

• Selection of counsel by Insured
  • When this occurs. Conflict?
  • Requirements
  • Consent of Insurer?
  • Grounds for withholding consent?

• Independent counsel
  • What this means
  • Independent vs. panel counsel

• Rates/reasonable and necessary
  • How is this determined? Factors
  • Insurer’s auditing of the bills

• What are consequences for failing to defend?
  • Effect on insured’s duty to cooperate
  • Effect on insurer’s right to allocate under allocation provision in the policy
  • Exposure to breach of contract liability
  • Exposure to bad faith liability

First-party bad faith in property claims

• Requirements in a statutory CRN
• Effects of an appraisal award
• What extra-contractual damages are recoverable

Settlement/failure to settle the underlying claim

• Control of settlement
• Consent
• Duty to affirmatively pursue settlement

Stipulated judgments v. actual trial (no action clause)

• Collusion/fraud defense in an underlying judgment against the insured

Remedies

• Breach of duty to defend?
• Breach of duty to settle/indemnify
• Structures for settlement
• Assignments/covenants
• Compensatory/attorney fees/punitives
• Insurer’s right to reimbursement

Testimonials

“The information pertaining to the duty of the insured and the insurer explained as they relate to bad faith claims was particularly helpful. Gary Guzzi’s information was up to date and useful in everyday insurance defense situations. I very much enjoyed the segment by Edward Blumberg. He was captivating and inspirational. The content was easy to understand and useful. Thank you for providing this CLE opportunity. I will recommend Pincus to my colleagues and I look forward to the next CLE seminar with Pincus.” – Sandra Brown, Esq.

“Thorough, dynamic presentation by Stephen Marino. Amy Koltnow was very helpful and informative and she had good organization of the material.” – Yelilya Swaím, Esq.

“Amy Koltnow did a great job! Michael Olin was very good and on point! Very informative.” – Steven Croskey, Esq.

“Gary Guzzi cared about giving us practical examples, despite being on the carrier side. He was thorough and I would hear him speak again and actively look for his next speaking engagement. Amy Koltnow was the other best presenter because she gave the most practical information. Maria Abate had a good presentation.” – David Shaheen, Esq.

“Good.” – John Eversole, Esq.

“Great presentation by Edward Blumberg.” – Viktorya Croskey, Esq.

“Loved CRN section. Amy Koltnow was great!” – Amanda L. Rosa, Esq.

“Antonio Morin was engaging and gave great examples.” – Daniel Dresch, Esq.

“Cosme Caballero is an excellent speaker.” – Leonard Valdes, Esq.

“Very informative presentation by Antonio Morin!”

Faculty

Maria Abate, Esq.
Shareholder
Colodny Fass

Since joining Colodny Fass in 1992 the day after Hurricane Andrew, Maria Elena Abate has built her reputation and expertise in the areas of complex commercial litigation, insurance defense, bad faith and class action defense, as well as employment law and civil rights issues.

Ms. Abate is a member of the elite Claims and Litigation Management Alliance, an invitation-only national organization committed to furthering high standards of litigation and claims management in pursuit of client defense. With over 25 years of experience, she has worked closely with multiple defense firms and joint defense groups in complex commercial matters.

Consistently active with the Florida Insurance Fraud Education Committee, she has become a trusted resource for those seeking to rid the state of its dubious reputation as the insurance fraud capital of the nation. In additional to regularly lecturing and instructing, she has been called upon to serve on industry workshop panels, and in an advisory and training capacity to insurance companies, agents and their employees to help eradicate fraud through education and communication. 

As part of her practice, Ms. Abate handles a wide variety of insurance agent and broker-related matters, which include claims like breach of duty, misrepresentation, fraud or inadequate coverage. From licensing and liability, coverage disputes, errors and omissions, insurance solvency concerns, investigations and disciplinary proceedings, to new challenges like cyber-risk, social media and health care regulation, she holds a track record of success in helping agents and brokers navigate their duties and obligations under the law. 

She provides counsel to agents on avoiding the liability pitfalls of errors and omissions in the many and varied circumstances of servicing policyholders.  Typical claims include breach of duty, inadequate coverage, misrepresentation or fraud, inadequate business practices, and inadequate communication and documentation.

Serving together with Firm Managing Partner Mike Colodny as outside general counsel, Ms. Abate was instrumental in the ability of Citizens Property Insurance Corporation to continue its ability to pay policyholders’ claims in the wake of several major hurricanes. For Citizens, Ms. Abate also handled complex litigation and class actions, as well as oversaw its defense counsel teams. She counseled Citizens’ claims handling and managed litigation of all its wind- and water-related cases. Her insurance-related governmental clients have included Citizens’ predecessor, the Florida Residential Property and Casualty Joint Underwriting Association, as well as the Florida Department of Insurance Division of Rehabilitation and Liquidation Services.

Ms. Abate, who formerly served as General Counsel to the South Florida Workforce Board for Miami-Dade and Monroe counties, represents major employers and state agencies in the defense of employment-related class action and complex litigation, as well as other high-risk employment-related matters in cases involving the Fair Labor Standards Act, Family Medical Leave Act, Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII, Section 1981 and 1983 claims, non-disclosures, non-competes, tortious interference claims and constitutional violations.

With extensive experience in handling employment-related matters involving all forms of discrimination, constitutional violations, health care issues, whistleblower claims, and breach of contract and unpaid wage claims, she is frequently called upon to counsel businesses in the volatile forum of human resources, specifically related to EEOC interventions, workplace investigations, training for best practices and employee manuals.

Ms. Abate has been named as a “Top Lawyer” and a “Distinguished Attorney” by the South Florida Legal Guide, among other prestigious recognitions, including “Insurance Defense Attorney of the Year” finalist by the Florida Insurance Fraud Education Committee.

Prior to joining the Firm, Ms. Abate served as a staff attorney for The Honorable Arthur M. Birken, the Honorable Miette K. Burnstein, the Honorable Robert L. Andrews, the Honorable Patricia W. Cocalis, the Honorable Mel Grossman the late Honorable Joseph E. Price, and the late Honorable Stephen R. Booher of the Seventeenth Judicial Circuit, Broward County, Florida.

A member of The Florida Bar, Ms. Abate is admitted to practice in all Florida state and appellate courts, the United States District Court for the Southern, Middle, and Northern Districts of Florida, the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court.

She is a member of the Florida Bar Association, the American Bar Association, the Broward County Bar Association, the American Civil Liberties Union of Florida Legal Panel in Miami-Dade County, and the Stakeholder’s Committee for the United States Equal Opportunity Commission Miami District Office.

Currently, she is a member of the Florida Bar’s Executive Committee. She formerly served as Continuing Legal Education Chair of the Bar’s Public Interest Law Section (PILS) and is Past Chair of PILS’ Legal Needs of Children Committee. She also is a founding board member of the Women’s Breast Health Initiative, a charitable organization dedicated to providing free mammograms to uninsured women.

Ms. Abate received her Bachelor of Arts from the University of Miami, cum laude, and her Juris Doctor from the University of Miami School of Law, cum laude.

Edward R. Blumberg, Esq.
Partner and Co-Founder
Deutsch, Blumberg, & Caballero P.A.

Edward R. Blumberg is a graduate of the University of Georgia and earned his law degree from the College of William and Mary. He has practiced continuously in Florida since 1975. He has served as President of the Florida Bar, as a member of the Board of Governors of the Florida Bar and as a member of the House of Delegates of the American Bar Association. He has chaired and served on countless professional committees and groups and provides continuing legal education lectures to lawyers. Since 1983 he has been continuously certified and re-certified in civil trial law by The Florida Bar and The National Board of Trial Advocacy.

Cosme Caballero, Esq.
Partner
Deutsch, Blumberg, & Caballero P.A.

Mr. Caballero is a graduate of the University of Miami School of Law where he served as Articles & Comments Editor of the University of Miami Law Review, where he published an article titled Curbing Corporate Abuse from Jurisprudential Off-Sites: Problematic Paradigms in United States v. Textron Inc. Following graduation, Mr. Caballero was admitted to practice law in Florida.  He was also admitted to practice in the United States District Court for the Southern District of Florida and the Eleventh Circuit Court of Appeals. He is a member of the Dade County Bar Association and is a Florida Bar  Grievance Committee Member for the 11th Judicial Circuit.

Gary Guzzi, Esq.
Chair, Insurance Litigation Practice
Akerman LLP

Gary Guzzi serves as chair of Akerman’s Insurance Litigation Practice, a national team of 45 lawyers representing leading domestic and foreign carriers, self-insured corporations, municipalities, and related entities in insurance coverage and bad faith litigation. He protects the interests of national and international insurance carriers in bad faith disputes, coverage claims, rescissions and ERISA-governed policies.

With comprehensive experience in insurance disputes, Gary litigates life, disability, commercial general liability, directors and officers, errors and omissions, homeowner, business interruption, and auto claims. His bad faith experience includes both first-party claims such as wrongful denial, delay, improper appraisal invocation, and lowballing, as well as third-party claims such as failure to tender limits, failure to proactively negotiate, and improper settlement communications.

Gary also represents carriers in litigation pertaining to carriers’ rescissions of policies, including misrepresentations in applications, failure to update applications, and Stranger-Owned Life Insurance. Gary litigates cases involving life, disability, and similar policies governed by ERISA, including claims for breach of fiduciary duty and claims for benefits. Additionally, Gary advises carriers on proper techniques for claim handling, rescissions, and other aspects of carriers’ businesses.

Amy L. Koltnow, Esq.
Shareholder
Colodny Fass

As a Shareholder at Colodny Fass, Amy L. Koltnow is a highly skilled and experienced litigator, specializing in business disputes, real estate, trust and probate, and insurance litigation. Ms. Koltnow is known for her ability to navigate complex legal issues and achieve favorable outcomes for her clients. She has served as first chair trial counsel in jury and non-jury cases in federal and state courts, arbitration, and administrative forums, and has appeared before state and county regulatory boards.

Ms. Koltnow’s expertise extends to successfully defending class actions and insurance “bad faith” cases, handling non-compete cases, partnership and corporate dissolutions, professional negligence claims, matters involving statutory interpretation, covenant and lien enforcement issues, foreclosures, and collection matters. Over the years, she has built a solid reputation as a go-to attorney, known for providing effective representation to individuals and companies alike.

Ms. Koltnow’s experience also includes serving as outside General Counsel for a Florida property and casualty insurance company. In this role, she oversaw the company’s state-wide portfolio of litigated cases, selecting and managing panel defense counsel, and developing effective litigation strategies to achieve favorable outcomes in court while protecting the company’s legal interests. Ms. Koltnow worked closely with the company’s executive team, providing legal advice and guidance on insurance coverage, risk management, cost controls, and other critical issues affecting the company’s legal and financial exposure. Her extensive legal knowledge and strategic insights proved invaluable in helping the company overcome legal challenges and achieve its business objectives.

Ms. Koltnow is a member of the Claims and Litigation Management Alliance, a national, invitation-only organization committed to promoting high standards of litigation and claims management. Her expertise in the field has earned her certification by the Florida Division of Insurance Agent and Agency Services as a Continuing Education Instructor in Adjuster Law and Policy, demonstrating her commitment to advancing the profession. Her in-depth knowledge of the legal issues affecting insurance companies has made her a valuable resource in the industry. She frequently speaks on insurance law and litigation-related topics at industry events, sharing her insights and knowledge with peers and colleagues. In addition, Ms. Koltnow has acted as an expert witness in litigated insurance disputes, providing testimony in court to assist judges in determining the reasonableness of attorney’s fees.

Before joining Colodny Fass, Ms. Koltnow worked for several prominent South Florida law firms where she gained considerable experience handling complex commercial litigation cases on behalf of individuals and corporations. Ms. Koltnow also served five years as an Assistant State Attorney for the State Attorney’s office in Miami-Dade County, Florida, where she was appointed by the then State Attorney Janet Reno. Additionally, she worked as an attorney for the U.S. Small Business Administration’s Disaster Assistance Division facilitating the agency’s efforts to assist small businesses in South Florida recover from the devastating effects of Hurricane Andrew.

Ms. Koltnow earned her Bachelor of Science in Journalism and Communications from the University of Florida before obtaining her Juris Doctor from Stetson University College of Law. While at Stetson, she distinguished herself as an editorial board member of the Stetson Law Review and a member of the Moot Court Board. Ms. Koltnow was also a key member of Stetson’s nationally acclaimed mock trial teams, winning numerous state, regional, and national awards and scholarships for her excellence in advocacy, including Best Oral Advocate in the state of Florida. Ms. Koltnow’s exceptional trial advocacy skills were recognized with the Victor O. Wehle Award upon graduation. As a Teaching Fellow at Stetson, she also shared her knowledge and expertise with law students by instructing them on the fundamentals of trial practice.

In addition to her work as a litigator, Ms. Koltnow is also committed to serving her community. She was awarded the Child Advocacy Award by the Miami-Dade County Bar Association for her pro bono efforts in the South Florida community. This award reflects Ms. Koltnow’s deep commitment to public service and her dedication to making a difference in the lives of those around her.

Stephen A. Marino, Jr., Esq.
Managing Shareholder
Ver Ploeg & Marino

Stephen Marino is a 1990 graduate of Columbia University and a 1995 cum laude graduate of the University of Miami Law School. He is admitted to the Florida Bar; U.S. District Courts, Southern, Middle and Northern Districts of Florida; the U.S. Court of Appeals for the 11th Circuit; and the Supreme Court of the United States. A former architect, he brings technical and applied science knowledge to his litigation practice, which focuses on insurance coverage and bad faith litigation. He is the past president of the Miami-Dade Justice Association, a board member of the Florida Justice Association, an appointed governor of the American Association for Justice, and the Chairman of the Board of the Overtown Youth Center. Mr. Marino is a frequent state-wide and national speaker on insurance coverage and bad faith issues.

Antonio Morin, Esq.
Partner, Insurance Litigation
Akerman LLP

A go-to resource for complex insurance matters, Antonio Morin represents primary and excess insurance carriers in the defense of breach of contract, statutory and common law bad faith matters, as well as the prosecution and defense of declaratory judgment actions. In addition to matters in litigation, Antonio routinely advises carriers regarding insurance coverage, claims handling and bad faith matters outside of litigation.

Antonio represents leading carriers regarding insurance coverage and bad faith issues under automobile liability, PIP, CGL, property, directors and officers, errors and omissions, professional liability, aviation, worker’s compensation, employer’s liability, professional liability and other business insurance policies. Clients rely on Antonio’s comprehensive knowledge and experience addressing issues regarding the duty to defend, additional insureds, insured contracts, the Claims Administration Statute, and order of coverage. In addition he serves as a client resource specifically in the context of statutory and common law bad faith claims, time limit settlement demands, failure to proactively initiate settlement negotiations, multiple claimant and/or multiple insured scenarios, improper appraisal invocation, “lowballing,” and wrongful denials of coverage.

Antonio also has extensive experience litigating choice of law issues, as well as addressing the entitlement to, and the reasonableness of, attorney’s fees claimed by plaintiffs in insurance coverage and bad faith litigation.

Michael S. Olin, Esq.

Brodsky Fotiu-Wojtowicz

Michael Olin’s civil trial skills before juries, judges and arbitration panels have continually received accolades from peers, clients and the media.  His work encompasses extraordinarily diverse subjects in all venues across Florida, the United States, and even in foreign countries.

In just the last few years, for example, he has successfully tried a property conversion case against U-Haul involving the valuation of over 500 high quality master tape recordings of well-known classical musicians, recorded in the 1970s and 1980s; a personal injury case against Big Tobacco – Philip Morris – whose cigarettes the jury found caused his client’s disfiguring and life-altering oral cancer; and a fraud claim against a Wall Street titan who wrongly and secretly twisted what appeared to be otherwise legal process so he could wipe out the loan of a second mortgage holder on property one of his companies had purchased.  In all three of these cases, the clients recovered not only millions of dollars in compensatory damages, but millions of dollars in punitive damages.  Most recently, he tried and won a claim for bad faith against Geico, which had wrongly exposed its policy holder to a multi-million dollar judgment, and required Geico to pay that full judgment, plus attorney’s fees, despite its policy limits of only 0,000 in coverage.

Michael also has a niche practice in entertainment litigation, having represented HBO, Time Warner, Top Rank, Inc. (Bob Arum’s company), Bernard Hopkins and Golden Boy Promotions, LLC (Oscar De La Hoya’s company) in litigation or arbitration. The Top Rank and Golden Boy matters involved eight and nine figure claims and were tried to a successful verdict before juries.

Michael also knows how to settle cases.  For example, he was the lead plaintiff’s liability lawyer for the 163 victims in the crash of American Airlines flight 965 into a mountain near Cali, Colombia.  Over a two-day period, he argued and obtained a summary judgment on liability from then U.S. District Court Judge Stanley Marcus, who shortly thereafter was appointed to the U.S. Court of Appeals for the Eleventh Circuit. Judge Marcus found – without a trial and in an opinion of more than 100 pages – that American’s pilots were guilty of willful misconduct. This extraordinary result on a summary proceeding less than three years after the crash, and just a few weeks before a jury trial was to begin, established American’s liability for full damages to all the passengers.  After the ruling, his firm’s cases were all settled within a few months.

In short, Michael’s practice is far ranging, and he likes it that way.  He handles business disputes and class actions, of all kinds, for small and large businesses as well as Fortune 500 companies, and for both Plaintiffs and Defendants. Michael is equally comfortable with all manner of personal injury claims for plaintiffs, from automobile accidents to aviation accidents, medical malpractice and product liability cases, along with business tort claims, like fraud, civil theft and tortious interference.  He is regularly engaged by other lawyers in their personal cases, whether business, law or injury related, and frequently requested by other lawyers to assist in preparing and trying complex cases that require his level of courtroom experience and expertise.

Michael has lectured at numerous Florida Justice Association, American and Florida Bar and American Association for Justice seminars on various subjects, and is a past chairman of AAJ’s Aviation Section.  He has published articles and book chapters in several Bar and independent publications in the areas of Aviation law and expert witnesses.

Michael obtained his B.A. degree in Economics, with High Distinction, and his J.D. magna cum laude, from the University of Michigan where he was a member and Associate Editor of the Law Review, and a member of the Order of the Coif Honor Society.  He then returned to Florida and worked as a law firm associate where, after three years, was made a partner and then a named partner at the prestigious Miami litigation firm, Podhurst Orseck, where he remained for many years.

Fees

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Audio Course and Materials Package – Download or CD: $425 $212.50

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CLE Credit

FL General:  This program is no longer approved for CLE credit in Florida. CLE expired on October 31, 2020.

CA General: This program is approved for 6.5 hours of general CLE in California.

Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

Terms and Policies

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Substitutions may be made at any time.

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