Kubicki Draper

Raquel Loret de Mola of our Miami office and Christopher M. Thompkins of our Fort Myers office, will be attending the Perrin National Construction Defect Conference on November 14 in New Orleans. They are looking forward to connecting with clients and colleagues, sharing insights, and exploring the latest in construction defect trends. For more information about the conference visit: https://ow.ly/UqvO50TN8WS To connect with Raquel and/or Chris, reach out to them below: Raquel: https://ow.ly/tQGP50TN8Yi Chris: https://ow.ly/zV4E50TN8YW #KDLaw #Florida #Alabama #ProfessionalDevelopment

Happy Boss's Day! Today, we celebrate all the dedicated leaders at KD and throughout our community who inspire, guide, and support their teams. Thank you for your hard work and commitment to making a difference! #BossDay #Leadership

Michael Clarke and Joye Walford of our Tampa office, obtained an opinion reversing a summary judgment for a provider/assignee in a PIP action and remanding with directions to enter final judgment for the insurer. See Progressive Specialty Ins. Co. v. Fla. Hosp. Ocala, Inc., No. 6D2023-1347 (Fla. 6th DCA Oct. 14, 2024). The issue on appeal was whether a Maryland policy’s out-of-state coverage clause applied to increase the policy’s $2,500 PIP limit to conform to Florida’s $10,000 PIP requirement. The case largely hinged on the interpretation of the policy’s out-of-state coverage provision’s language limiting its application to states “requiring a non-resident to maintain insurance whenever the non-resident uses an auto in that state.” The Sixth District Court of Appeal held that Florida did not require a non-resident to maintain insurance whenever he or she uses a car in Florida because there are instances in which a non-resident could use a car in Florida without triggering compulsory insurance coverage. The Court contrasted this language with an out of-state coverage provision that applies “If an insured is in another state … and, as a non-resident, becomes subject to its” compulsory insurance laws, which the Court concluded could trigger application of Florida’s PIP requirement. This is yet another example of the importance that every single word of a policy’s provision counts and should be carefully analyzed when determining whether it applies under the facts of the case. View the opinion at: https://ow.ly/SfXh50TLPSW Michael Clarke: https://lnkd.in/e6K_ZRDV Joye Walford: https://lnkd.in/e5i4BZT3

Step behind the mask and into the highlights of KD’s recent masquerade-themed First Party Virtual Conference! Our team delivered a series of sessions that revealed essential insights to help claims professionals unravel the complexities of first-party claims. Unveil the secrets with these unmissable pro tips! If you couldn’t join us this time and want to attend future webinars, please visit our website to sign up to our newsletter and/or reach out to us at info@kubickidraper.com. We also welcome the opportunity to present any of these sessions or other topics of interest to you and your team. All presentations are submitted for Florida CE credit approval. #KDLaw #Florida #Alabama #virtual #webinar #CE #continuingeducation #masquerade

Sending strength and support to everyone in Hurricane Milton's path. Our Orlando and Ft. Myers office have reopened. Tampa and Ocala remain closed for now. We will continue monitoring the situation and providing updates. We are here to support you every step of the way. Below are some resources that may be of assistance: *Florida Disaster Updates: https://ow.ly/issC50THgB3 *State Assistance Information Line: 1-800-342-3557 This call center operates 24/7 and can answer Hurricane Milton-related questions in English, Spanish, and Creole.

Need the blueprints for defending construction claims successfully? Join us as we dig deep into expertly crafted sessions led by KD's Construction Practice Group, designed to equip industry professionals with the tools and knowledge needed to build strong defense strategies in construction defect cases. To register, email us at info@kubickidraper.com. #KDLaw #Florida #Alabama #construction #webinar #virtual

Wishing all who celebrate a sweet and prosperous year ahead! #RoshHashanah #NewYear #Blessings

KD is a proud sponsor of the Fall 2024 Meeting, hosted by the Academy of Hospitality Industry Attorneys (AHIA) in Detroit, Michigan. Team members Aram Barikian and Francesca Ippolito-Craven from the Miami office, and Jason Friedman from the Fort Lauderdale office, are slated to attend. For registration and event information, visit: https://ow.ly/2JPQ50TAq7E #KDLaw #Florida #Alabama #hospitality

In The Open MRI Guys of Palm Beach, LLC v. Progressive Am. Ins. Co., No. 3D23-2008 (Fla. 3d DCA Sept. 25, 2024), Kubicki Draper attorneys Michael Clarke and Joye Walford obtained an affirmance of an order granting Progressive’s motion to transfer venue based on the insurance policy's venue clause. The Third District Court of Appeal held that the venue clause is mandatory, and not permissive, because its plain language establishes the exclusivity of the chosen venue. The clause provides, "Unless we agree otherwise, any legal action against us must be brought in a court of competent jurisdiction for the county and state where the person seeking coverage from this policy lived at the time of the accident." The plaintiff/appellant argued that the chosen venue is not exclusive because the clause gives the insurer the ability to agree to a different venue. The Court rejected this argument, concluding that the plain language of the clause mandates where an action against the insurer "must be brought." The Court held that the non-mutuality of the clause does not make it permissive and unenforceable. This case emphasizes the importance of the wording of a venue clause to its enforceability. To be enforceable, it must require that the insured bring an action in a specified venue. Use of terms like "must" and "shall" indicates a mandatory clause while terms like "may" or "should" indicates a permissive clause. Notably, the venue clause was enforced against a PIP provider assignee with the Court finding that the plaintiff “stands in the shoes” of the insured/assignor. Insurers may want to examine the language of their policies' venue selection clauses to ensure the use of the mandatory language. View the full opinion at: https://ow.ly/Bq1u50TACeK #KDLaw #Florida #Alabama #SuccessStory #AppellateResult

We are incredibly proud and grateful for our team's dedication and hard work, which are key to our success! A special shout-out to Ken Oliver from our Fort Myers office. When Ken joined Kubicki Draper, he was the 18th attorney in what was then a single office in Miami. In 1991, as the firm continued to grow, Ken played a pivotal role in its expansion by opening the Fort Lauderdale office. Eleven years later, he went on to establish the Fort Myers/Naples office. Ken has been instrumental in the firm’s incredible growth, from one office with fewer than twenty attorneys to a network of twelve offices and more than 230 attorneys today. Cheers to 40 years, Ken! Fun fact: While in law school, Ken was able to clerk at a law firm with fellow Equity Partner, Earleen Cote, starting a more than thirty year long friendship. #KDLaw #KDCelebrates #KDFam #workiversary #success